STATE OF NEW YORK ________________________________________________________________________ 847 2019-2020 Regular Sessions IN SENATE January 9, 2019 ___________ Introduced by Sen. BENJAMIN -- 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: 24 (E) (i) No group or blanket policy which provides coverage pursuant to 25 this paragraph shall limit or restrict, or place additional requirements EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05669-01-9S. 847 2 1 upon, such coverage, when an insured has a partner of the same sex. 2 Coverage pursuant to this paragraph shall be provided to such insureds 3 on the same basis and conditions as provided to insureds with a partner 4 of the opposite sex. 5 (ii) An insurer subject to the provisions of this paragraph shall not 6 require as a condition of coverage that an insured who has a partner of 7 the same sex that: (I) the insureds partner's sperm be used in the 8 covered treatments or procedures; or (II) the insured demonstrate infer- 9 tility exclusively by means of a history of unsuccessful heterosexual 10 sexual intercourse. 11 (iii) In the event that a group or blanket policy provides coverage of 12 in vitro fertilization, such policy shall not limit or restrict, or 13 place additional requirements upon, such coverage when an insured has a 14 partner of the same sex. Such coverage shall be provided to such 15 insureds on the same basis and conditions as provided to insureds with a 16 partner of the opposite sex. 17 § 3. Subsection (s) of section 4303 of the insurance law, as amended 18 by section 2 of part K of chapter 82 of the laws of 2002, is amended by 19 adding a new paragraph 5 to read as follows: 20 (5)(A) No contract which provides coverage pursuant to this subsection 21 shall limit or restrict, or place additional requirements upon, such 22 coverage, when a covered person has a partner of the same sex. Coverage 23 pursuant to this subsection shall be provided to such covered persons on 24 the same basis and conditions as provided to covered persons with a 25 partner of the opposite sex. 26 (B) A hospital service corporation or health service corporation 27 subject to the provisions of this subsection shall not require as a 28 condition of coverage that a covered person who has a partner of the 29 same sex that: (i) the covered person's partner's sperm be used in the 30 covered treatments or procedures; or (ii) the covered person demonstrate 31 infertility exclusively by means of a history of unsuccessful heterosex- 32 ual sexual intercourse. 33 (C) In the event that a contract provides coverage of in vitro ferti- 34 lization, such contract shall not limit or restrict, or place additional 35 requirements upon, such coverage when a covered person has a partner of 36 the same sex. Such coverage shall be provided to such covered persons on 37 the same basis and conditions as provided to covered persons with a 38 partner of the opposite sex. 39 § 4. This act shall take effect immediately.