Active Family Building Legislation
The Modern Economy Act (SB558)
Prime Sponsor: Senator Rebecca Perkins Kwoka
This bill provides insurance coverage for infertility treatments, protection from discrimination during IVF treatments, parental leave, and adoption.
Prime Sponsor: Senator Sharon Carson
Current New Hampshire Fertility Insurance Law
New Hampshire has a Fertility Insurance Law. It passed in August 2019 and took effect on January 1, 2020.
RSA 417-G provides group insurance coverage for:
- Infertility diagnostics
- Fertility treatment
- Fertility preservation
Legal Definition of Infertility
The Act defines infertility as “a disease, caused by an illness, injury, underlying disease, or condition, where an individual’s ability to become pregnant or to carry a pregnancy to live birth is impaired, or where an individual’s ability to cause pregnancy and live birth in the individual’s partner is impaired”.
Coverage is not required for experimental fertility procedures, non-medical costs related to third-party reproduction, and reversal of voluntary sterilization. Any limitations on coverage shall be based on clinical guidelines and the enrollee’s medical history, NOT based on arbitrary factors including, but not limited to, number of attempts, dollar amount, or age.
Individual plans and employers who self-insured are not included in the New Hampshire insurance mandate.
For more information about the New Hampshire Statute, please consult RSA 417-G.