Bill Text: NY S08175 | 2015-2016 | 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 1-0)

Status: (Introduced - Dead) 2016-08-10 - REFERRED TO RULES [S08175 Detail]

Download: New_York-2015-S08175-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8175
                    IN SENATE
                                     August 10, 2016
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        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
    26  upon, such coverage, when an insured has a  partner  of  the  same  sex.
    27  Coverage  pursuant  to this paragraph shall be provided to such insureds
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15112-02-6
        S. 8175                             2
     1  on the same basis and conditions as provided to insureds with a  partner
     2  of the opposite sex.
     3    (ii)  An insurer subject to the provisions of this paragraph shall not
     4  require as a condition of coverage that an insured who has a partner  of
     5  the  same  sex  that:  (I)  the  insureds partner's sperm be used in the
     6  covered treatments or procedures; or (II) the insured demonstrate infer-
     7  tility exclusively by means of a history  of  unsuccessful  heterosexual
     8  sexual intercourse.
     9    (iii) In the event that a group or blanket policy provides coverage of
    10  in  vitro  fertilization,  such  policy  shall not limit or restrict, or
    11  place additional requirements upon, such coverage when an insured has  a
    12  partner  of  the  same  sex.  Such  coverage  shall  be provided to such
    13  insureds on the same basis and conditions as provided to insureds with a
    14  partner of the opposite sex.
    15    § 3. Subsection (s) of section 4303 of the insurance law,  as  amended
    16  by  section 2 of part K of chapter 82 of the laws of 2002, is amended by
    17  adding a new paragraph 5 to read as follows:
    18    (5)(A) No contract which provides coverage pursuant to this subsection
    19  shall limit or restrict, or place  additional  requirements  upon,  such
    20  coverage,  when a covered person has a partner of the same sex. Coverage
    21  pursuant to this subsection shall be provided to such covered persons on
    22  the same basis and conditions as provided  to  covered  persons  with  a
    23  partner of the opposite sex.
    24    (B)  A  hospital  service  corporation  or  health service corporation
    25  subject to the provisions of this subsection  shall  not  require  as  a
    26  condition  of  coverage  that  a covered person who has a partner of the
    27  same sex that: (i) the covered person's partner's sperm be used  in  the
    28  covered treatments or procedures; or (ii) the covered person demonstrate
    29  infertility exclusively by means of a history of unsuccessful heterosex-
    30  ual sexual intercourse.
    31    (C)  In the event that a contract provides coverage of in vitro ferti-
    32  lization, such contract shall not limit or restrict, or place additional
    33  requirements upon, such coverage when a covered person has a partner  of
    34  the same sex. Such coverage shall be provided to such covered persons on
    35  the  same  basis  and  conditions  as provided to covered persons with a
    36  partner of the opposite sex.
    37    § 4. This act shall take effect immediately.