California is set to expand access to infertility care and in vitro fertilization (IVF) through a new health coverage law that will be implemented on July 1.
The law, Senate Bill 729, requires employers with 100 or more employees and state insurance plans to cover infertility and IVF treatment for all Californians—regardless of their gender expression or identity, sexual orientation or marriage status.
Newsweek has contacted Senator Caroline Menjivar, the author of the bill, outside of regular working hours via email for comment.
Why It Matters
As the bill explicitly includes coverage for all, regardless of gender or sexual orientation, it takes a clear stand on inclusion of LGBTQ+ individuals in fertility care, meaning that for the first time in the state, these groups are given equal access to the services.
According to Senator Menjivar, the bill will “ensure that queer couples no longer have to pay more out of pocket to start families than non-queer families.”
In the bills comments section, she also wrote the bill is “critical to achieving full-lived equality for LGBTQ+ people, as well as advancing well-rounded and comprehensive health care for all Californians.”
Other states have also brought similar fertility legislation into effect, but fewer have explicitly sought to include LGBTQ+ groups in the legislation.
What To Know
Previous law had offered some coverage for infertility treatment but had excluded IVF treatment.
The new bill will require large and small group health care service plan contracts and disability insurance policies to provide cover for diagnosis and treatment of infertility and fertility services.
This includes a maximum of 3 oocyte retrievals—the process where eggs are removed from the ovaries as part of IVF treatment.
It also mandates coverage for unlimited embryo transfers in accordance with the guidelines of the American Society for Reproductive Medicine (ASRM).
SB 729 is also changing the definition of infertility, so testing and diagnosis of infertility can still be covered for those who have not met the criteria of: not conceiving a child after 12 months for those under 35 and not conceiving a child after six months for those over 35—where miscarriage does not restart the time period to qualify as having infertility.
This would mean that earlier intervention can take place for treating and diagnosing infertility.
While the law does not however explicitly mention coverage for egg freezing as part of fertility preservation, it is not clear whether some parts of egg freezing may be covered given that oocyte retrievals are covered.
Violation of any these provisions by a health care service plan would also be determined a crime in the law, something which the previous law had also stated.
What People Are Saying
Michele Goodwin, a professor of constitutional law and global health policy at Georgetown Law, Washington D.C, told Newsweek: “SB 729 is important for reproductive health care and family planning for all Californians. Many families experience some form of infertility or other reproductive health challenges.”
She added: “Assisted reproductive technologies, including IVF have become an important part of family building for gay couples. This law would cushion the economic burden felt by LGBT Californians as they seek health services to grow their families.”
California Senator Caroline Menjivar, said when Governor Gavin Newsom approved the bill: “Today is a personal and emotional victory. And, it is a triumph for the many Californians who have been denied a path toward family-building because of the financial barriers that come with fertility treatment, their relationship status, or are blatantly discriminated against as a member of the LGBTQ+ community.”
She added: “When attacks on reproductive rights are occurring across the nation, Governor Newsom stood on the right side of history by expanding coverage for approximately 9 million Californians, including LGBTQ+ folks who were previously withheld equal opportunity to become parents under an archaic law that erased their rights.”
What Happens Next
While fertility coverage will start on July 1 for state-run health insurance plans and large employers, many other plans will adopt the new ruling upon renewal, meaning for some employees, coverage may not be available until later this year and into 2026.
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