Bill Text: NY S00322 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires health insurance coverage of infertility to be provided to insureds with same sex partners on the same basis as that provided to insureds with a partner of the opposite sex.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INSURANCE [S00322 Detail]

Download: New_York-2017-S00322-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           322
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance
        AN ACT to amend the insurance law, in relation to coverage of the  diag-
          nosis and treatment of infertility
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph 13 of subsection  (i)  of  section  3216  of  the
     2  insurance  law  is  amended  by adding a new subparagraph (C) to read as
     3  follows:
     4    (C) (i) No policy which provides coverage pursuant to  this  paragraph
     5  shall  limit  or  restrict,  or place additional requirements upon, such
     6  coverage, when an insured has a partner  of  the  same  sex.    Coverage
     7  pursuant  to  this  paragraph  shall be provided to such insureds on the
     8  same basis and conditions as provided to insureds with a partner of  the
     9  opposite sex.
    10    (ii)  An insurer subject to the provisions of this paragraph shall not
    11  require as a condition of coverage that an insured who has a partner  of
    12  the  same  sex  that:  (I)  the insured's partner's sperm be used in the
    13  covered treatments or procedures; or (II) the insured demonstrate infer-
    14  tility exclusively by means of a history  of  unsuccessful  heterosexual
    15  sexual intercourse.
    16    (iii)  In the event that a policy provides coverage of in vitro ferti-
    17  lization, such policy shall not limit or restrict, or  place  additional
    18  requirements  upon,  such  coverage when an insured has a partner of the
    19  same sex. Such coverage shall be provided to such insureds on  the  same
    20  basis and conditions as provided to insureds with a partner of the oppo-
    21  site sex.
    22    §  2.  Paragraph  6 of subsection (k) of section 3221 of the insurance
    23  law is amended by adding a new subparagraph (E) to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00131-01-7
        S. 322                              2
     1    (E) (i) No group or blanket policy which provides coverage pursuant to
     2  this paragraph shall limit or restrict, or place additional requirements
     3  upon, such coverage, when an insured has a  partner  of  the  same  sex.
     4  Coverage  pursuant  to this paragraph shall be provided to such insureds
     5  on  the same basis and conditions as provided to insureds with a partner
     6  of the opposite sex.
     7    (ii) An insurer subject to the provisions of this paragraph shall  not
     8  require  as a condition of coverage that an insured who has a partner of
     9  the same sex that: (I) the insureds  partner's  sperm  be  used  in  the
    10  covered treatments or procedures; or (II) the insured demonstrate infer-
    11  tility  exclusively  by  means of a history of unsuccessful heterosexual
    12  sexual intercourse.
    13    (iii) In the event that a group or blanket policy provides coverage of
    14  in vitro fertilization, such policy shall  not  limit  or  restrict,  or
    15  place  additional requirements upon, such coverage when an insured has a
    16  partner of the same  sex.  Such  coverage  shall  be  provided  to  such
    17  insureds on the same basis and conditions as provided to insureds with a
    18  partner of the opposite sex.
    19    §  3.  Subsection (s) of section 4303 of the insurance law, as amended
    20  by section 2 of part K of chapter 82 of the laws of 2002, is amended  by
    21  adding a new paragraph 5 to read as follows:
    22    (5)(A) No contract which provides coverage pursuant to this subsection
    23  shall  limit  or  restrict,  or place additional requirements upon, such
    24  coverage, when a covered person has a partner of the same sex.  Coverage
    25  pursuant to this subsection shall be provided to such covered persons on
    26  the  same  basis  and  conditions  as provided to covered persons with a
    27  partner of the opposite sex.
    28    (B) A hospital  service  corporation  or  health  service  corporation
    29  subject  to  the  provisions  of  this subsection shall not require as a
    30  condition of coverage that a covered person who has  a  partner  of  the
    31  same  sex  that: (i) the covered person's partner's sperm be used in the
    32  covered treatments or procedures; or (ii) the covered person demonstrate
    33  infertility exclusively by means of a history of unsuccessful heterosex-
    34  ual sexual intercourse.
    35    (C) In the event that a contract provides coverage of in vitro  ferti-
    36  lization, such contract shall not limit or restrict, or place additional
    37  requirements  upon, such coverage when a covered person has a partner of
    38  the same sex. Such coverage shall be provided to such covered persons on
    39  the same basis and conditions as provided  to  covered  persons  with  a
    40  partner of the opposite sex.
    41    § 4. This act shall take effect immediately.