2023 Advocacy Efforts

Here are RNE’s legislative priorities for the 2023-2024 legislative session in Massachusetts.

Massachusetts Fertility Insurance

Yes, Massachusetts has a Fertility Insurance Law. It passed in 1987 and was amended in 2010.

Summary

The Massachusetts Fertility Insurance Law provides coverage for:

Infertility diagnosis and treatment for individuals

Legal Definition of Infertility

“Infertility” shall mean the condition of an individual who is unable to conceive or produce conception during a period of 1 year if the female is age 35 or younger or during a period of 6 months if the female is over the age of 35.

Additional Definitions

For purposes of meeting the criteria for infertility in this section, if a person conceives but is unable to carry that pregnancy to live birth, the period of time she attempted to conceive prior to achieving that pregnancy shall be included in the calculation of the 1 year or 6 month period, as applicable.

Limits

No insurer shall be required to provide benefits for any experimental infertility procedure, until the procedure becomes recognized as non-experimental and is so recognized by the Commissioner; reversal of Voluntary Sterilization; cryopreservation of eggs. These procedures are at the optional coverage discretion of the individual insurance provider.

Exemptions

Employers who self-insured are exempt from the Massachusetts insurance mandate requirements.

For more information about the Massachusetts Insurance Mandate, please consult Mass Gen Laws Ann. Ch. 175, Section 47H, ch. 176A, Section 8K, ch. 176B, Section 4J, ch. 176G, Section 4, and 211 CMR 37.00.