New Jersey Governor Phil Murphy (D) last Friday signed legislation expanding health insurance coverage requirements for infertility services and making them more inclusive of LGBTQ and single people.
The new law requires that private health insurers covering groups of more than 50 people provide coverage for infertility “in accordance with American Society for Reproductive Medicine guidelines and as determined by a physician.” It also applies to the State Health Benefits Program and the School Employees’ Health Benefits Program.
The American Society for Reproductive Medicine (ASRM) updated its guidelines last October to be more inclusive of and equitable to LGBTQ and single parents, as I reported earlier. While the ASRM definition has no legal weight in itself, it is nevertheless often used as a standard by insurers and policymakers, as was the case in New Jersey. Like the ASRM guidelines, the legislation provides that: “Nothing in this definition [of infertility] shall be used to deny or delay treatment to any individual, regardless of relationship status or sexual orientation.” This is important because many insurers have only covered infertility treatment after a medical diagnosis of infertility, which can mean a requirement to “try naturally” for months before being eligible for treatment (not an option for single people and same-sex couples), or for same-sex couples to pay out of pocket for documented attempts at assisted insemination, while different-sex couples can simply state that they’ve been trying.
Covered services under the new law include in vitro fertilization, intrauterine insemination, intracytoplasmic sperm injection, medications, surgery, diagnostic and genetic testing, and embryo transfers, among other treatments. Additionally, the law prohibits health insurance carriers from restricting coverage of infertility services based on age. It will apply to plans issued or renewed on or after August 1, 2024.
Governor Murphy said in a press release after signing the bill (A5235/S3627) into law, “For those who struggle with infertility and for same-sex couples, the possibility of starting a family is deeply impacted by the availability and accessibility of infertility care and other medical services that, without coverage, can be extremely costly. Today’s bill will create new opportunities for families across New Jersey to take on one of the hardest and most rewarding jobs there is—parenthood.”
Only 21 states plus D.C. have laws mandating any kind of fertility coverage, according to RESOLVE: The National Infertility Association, which also worked on the bill. Among those, New Jersey now joins Maine, Illinois, Colorado, and D.C. as ones using definitions clearly and fully inclusive of LGBTQ and single people.
My partner (now spouse) Helen and I started our family in New Jersey more than 20 years ago, and were lucky that I was employed by a company that a) covered fertility services, and b) covered Helen, the gestational parent, before we could marry. Not everyone was so fortunate—so I’m thrilled the playing field is now more even.
I’ll therefore quote again from the press release, this time from Garden State Equality Action Fund Board Member Bill Singer, an attorney who not only worked for this legislation, but who long ago helped Helen and I get a pre-birth court order so that I wouldn’t have to adopt my own genetic son to be a legal parent. “Governor Murphy and the Legislature have again committed to making New Jersey a family-friendly state,” Singer said. “This legislation provides people who want to have children with affordable means to overcome the barrier of infertility.”
For LGBTQ and single people, sometimes that barrier was medical infertility; sometimes it was simply lack of the needed gametes. Either way, now they will have more equitable access in the Garden State.
