STATE OF NEW YORK ________________________________________________________________________ 3745 2025-2026 Regular Sessions IN SENATE January 29, 2025 ___________ Introduced by Sens. CLEARE, COONEY, HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law and the social services law, in relation to insurance and Medicaid coverage for standard fertility preservation services made necessary by cancer treatment 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 (D) to read as 3 follows: 4 (D) Every policy delivered or issued for delivery in this state that 5 provides coverage for hospital, surgical or medical care shall provide 6 coverage for standard fertility preservation services when a necessary 7 cancer treatment may directly or indirectly cause iatrogenic infertility 8 to a covered person. Coverage under this subparagraph shall not be 9 subject to any restrictions based upon the age of the covered person. 10 For the purposes of this subparagraph, "iatrogenic infertility" means an 11 impairment of fertility by surgery, radiation, chemotherapy or other 12 cancer treatment affecting reproductive organs or processes. 13 § 2. Paragraph 6 of subsection (k) of section 3221 of the insurance 14 law is amended by adding a new subparagraph (E) to read as follows: 15 (E) Every group policy delivered or issued for delivery in this state 16 that provides hospital, surgical or medical coverage shall provide 17 coverage for standard fertility preservation services when a necessary 18 cancer treatment may directly or indirectly cause iatrogenic infertility 19 to a covered person. Coverage under this subparagraph shall not be 20 subject to any restrictions based upon the age of the covered person. 21 For the purposes of this subparagraph, "iatrogenic infertility" means an 22 impairment of fertility by surgery, radiation, chemotherapy or other 23 cancer treatment affecting reproductive organs or processes. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08108-01-5S. 3745 2 1 § 3. Subsection (s) of section 4303 of the insurance law, as amended 2 by section 2 of part K of chapter 82 of the laws of 2002, is amended by 3 adding a new paragraph 5 to read as follows: 4 (5) Every contract issued by a medical expense indemnity corporation, 5 hospital service corporation or health service corporation for delivery 6 in this state that provides hospital, surgical or medical coverage shall 7 provide coverage for standard fertility preservation services when a 8 necessary cancer treatment may directly or indirectly cause iatrogenic 9 infertility to a covered person. Coverage under this paragraph shall 10 not be subject to any restrictions based upon the age of the covered 11 person. For the purposes of this paragraph, "iatrogenic infertility" 12 means an impairment of fertility by surgery, radiation, chemotherapy or 13 other cancer treatment affecting reproductive organs or processes. 14 § 4. Subdivision 2 of section 365-a of the social services law is 15 amended by adding a new paragraph (nn) to read as follows: 16 (nn) standard fertility preservation services when a necessary cancer 17 treatment may directly or indirectly cause iatrogenic infertility. For 18 the purposes of this section, "iatrogenic infertility" means an impair- 19 ment of fertility by surgery, radiation, chemotherapy or other cancer 20 treatment affecting reproductive organs or processes. 21 § 5. This act shall take effect immediately and shall apply to all 22 policies issued, renewed, altered or modified on or after such date.