States’ Laws & Coverage for Fertility Treatments & Medication

People who are affected by infertility do have options to try, but in vitro fertilization (IVF) and the diagnostics, medication, surgery, and other treatments can be expensive. In some cases, medical insurance will cover many of the costs, but in other cases, it won’t.

Around the world, 15% of reproductive-aged couples are impacted by infertility, according to World Health Organization (WHO) estimates. The majority of people affected by infertility (including men, women, LGBTQ couples, and single people), will pay out of pocket. Depending on the treatment, out-of-pocket costs can easily reach thousands of dollars.

Some states have laws that require insurance companies to cover treatment for infertility, but the laws vary. Here, we’ll explain how state laws affect insurance coverage for fertility treatment in more detail.

What’s Included with Fertility Treatment?

The type of fertility treatment that a doctor prescribes will depend on the needs of the individual or couple. Common fertility treatments include:

• Medication: Some medications, such as clomiphene citrate and letrozole, can help treat infertility in women by stimulating ovulation. Other medications may be prescribed in conjunction with fertility treatments, such as in vitro fertilization (IVF), mentioned above and described below.
• Intrauterine insemination: Intrauterine insemination, also known as artificial insemination, involves inserting sperm into the uterus. Occasionally, medications are also prescribed to help stimulate ovulation before the procedure.
• IVF: IVF is a type of assisted reproductive technology that involves fertilization of an egg outside of the uterus and moving embryos back to the uterus.
• Surgery: Surgical procedures such as laparoscopy and hysteroscopy may be indicated to diagnose infertility in women or address potential barriers to conception, such as endometriosis or uterine fibroids.

State Laws on Fertility Treatments

Fifteen states require private insurance coverage for fertility treatment, according to the Kaiser Family Foundation. They are:

• Arkansas requires individual and group insurers to provide coverage but not health maintenance organizations (HMOs) and self-insurers.
• Connecticut mandates that all health insurers provide coverage. Religious employers and self-insurers are exempt. Additionally, people need to be on the plan for more than 12 months to be eligible.
• Delaware has a coverage mandate that excludes employers with fewer than 50 employees, religious employers, and self-insurers.
• Hawaii mandates that individual and group insurers provide coverage, but self-insurers are exempt.
• Illinois excludes employers with fewer than 25 employees, religious employers, and self-insurers from its laws.
• Maryland requires coverage with some exceptions: employers with fewer than 50 employees, religious employers, and self-insurers.
• Massachusetts excludes self-insurers from the coverage requirement.
• Montana requires HMOs to cover fertility treatment.
• New Hampshire has exemptions to its requirements that are slightly different from other states. Self-insurers are exempt, as well as extended transition to Affordable Care Act (ACA) programs and the Small Business Health Options Program (SHOP).
• New Jersey includes an exemption for employers with fewer than 50 employees, religious employers, and self-insurers.
• New York does not require individual and small group markets to cover IVF, and self-insurers are exempt from the state’s coverage laws.
• Ohio requires HMOs to provide coverage; self-insurers are exempt.
• Rhode Island requires insurers, including HMOs, to provide coverage, but self-insurers are exempt.
• Utah, like other states, does not require self-insurers to provide fertility treatment coverage.
• West Virginia only requires HMOs to provide fertility treatment coverage.

Factors That Affect Insurance Coverage of Fertility Treatments

Infertility is typically defined as the inability to conceive after one year of unprotected, heterosexual sex. Insurance companies often use a definition like this to determine when people can become eligible for fertility treatment coverage. Fertility insurance may cover a wide range of fertility treatment services or only a few services.

If you have insurance through your employer, the size of the company you work for plays a role in whether or not you can access coverage for fertility treatment. Many states that have laws requiring insurance companies to cover fertility treatment have exemptions for employers with fewer than 50 or fewer than 25 employees. Additionally, employers that self-fund their insurance are not required by state law to provide coverage for fertility treatment.

More large employers are opting to offer this kind of coverage. In 2015, 36% of companies with 20,000 or more employees offered coverage for IVF. In 2020, that number grew to 42%.

If you have health insurance through the Health Insurance Marketplace, keep in mind that the Affordable Care Act (ACA) does not require insurers to offer coverage for fertility treatment.

Much of the conversation around fertility treatment coverage focuses on heterosexual couples trying to have a child. But same-sex couples and single women also turn to fertility treatment when family planning, often facing more barriers to access. Discrimination lawsuits against major insurers could make it easier for LGBTQ people to access fertility treatment.

Ask your employer what kind of insurance plan it offers. An employer with a self-funded plan is not required to follow state insurance laws, which may mean that your plan does not offer coverage for fertility treatments.

The Bottom Line

Couples and individuals who decide to pursue fertility treatment may or may not have insurance coverage, depending on where they live and what kind of insurance they have. Whether paying out of pocket or with the assistance of insurance, you can expect that a fertility treatment will be a significant expense.