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S. B. No. 2121 *SS26/R699* ~ OFFICIAL ~ G1/2
26/SS26/R699
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To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Frazier, Mumford, Gillespie
Isom
SENATE BILL NO. 2121
AN ACT TO ENACT THE HEALTH INSURANCE COVERAGE FOR FERTILITY 1
PRESERVATION SERVICES ACT; TO ENSURE HEALTH INSURANCE COVERAGE FOR 2
STANDARD FERTILITY PRESERVATION SERVICES WHEN MEDICALLY NECESSARY 3
TREATMENT MAY DIRECTLY OR INDIRECTLY CAUSE IATROGENIC INFERTILITY 4
CONSISTENT WITH ESTABLISHED MEDICAL PRACTICE AND PROFESSIONAL 5
GUIDELINES; TO PROVIDE THAT A CARRIER OFFERING HEALTH INSURANCE 6
COVERAGE IN THIS STATE SHALL PROVIDE COVERAGE FOR STANDARD 7
FERTILITY PRESERVATION SERVICES FOR ANY COVERED INDIVIDUAL WHO MAY 8
UNDERGO A MEDICALLY NECESSARY TREATMENT THAT MAY DIRECTLY OR 9
INDIRECTLY CAUSE IATROGENIC INFERTILITY; TO PROHIBIT A CARRIER WHO 10
OFFERS HEALTH INSURANCE COVERAGE IN THIS STATE FOR STANDARD 11
FERTILITY PRESERVATION SERVICES FROM IMPOSING CERTAIN EXCLUSIONS, 12
LIMITATIONS OR OTHER RESTRICTIONS; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. (1) This section shall be known and may be cited 15
as the "Health Insurance Coverage for Fertility Preservation 16
Services Act." 17
(2) For purposes of this section, the following terms shall 18
have the meanings ascribed herein: 19
(a) "Covered individual" shall mean a policyholder, 20
subscriber, enrollee, participant or other individual covered by 21
an insurance policy, subscription contract or health care plan, 22
including minors or dependents. 23
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(b) "Health insurance coverage" shall mean every health 24
insurance issuer offering health coverage in the state that 25
provides coverage for hospital, medical, surgical, pharmaceutical 26
or drug benefits for individuals covered under a respective plan. 27
"Health insurance coverage" shall include, but not be limited to, 28
benefits, provided directly, through insurance or reimbursement, 29
or otherwise, under any hospital or medical service policy or 30
certificate, hospital or medical service plan contract, or HMO 31
contracted offered by a health insurance issuer. Health insurance 32
coverage includes group health insurance coverage and individual 33
health insurance coverage. 34
(c) "Medical treatment that may directly or indirectly 35
cause iatrogenic infertility" means medical treatment with a 36
likely side effect of infertility as established by the American 37
Society of Clinical Oncology. 38
(d) "Iatrogenic infertility" shall mean an impairment 39
of fertility caused directly or indirectly by surgery, 40
chemotherapy, radiation or other medical treatment affecting the 41
reproductive organs or processes. 42
(e) "Professional guidelines" shall mean the most 43
recent clinical practice guidelines published by the American 44
Society of Clinical Oncology. 45
(f) "Standard fertility preservation services" shall 46
mean the procedures to preserve fertility as outlined and 47
established according to the professional guidelines published by 48
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the American Society of Clinical Oncology and shall include the 49
full scope of services or treatments, without any exclusions or 50
limitations, as defined in the most recent professional guidelines 51
established by the American Society of Clinical Oncology. 52
"Standard fertility preservation services" shall not include any 53
experimental procedure or other procedures for which the published 54
medical evidence is not sufficient for the American Society of 55
Clinical Oncology as established medical practice. 56
(3) The purpose of this act is to ensure health insurance 57
coverage for standard fertility preservation services when 58
medically necessary treatment may directly or indirectly cause 59
iatrogenic infertility consistent with established medical 60
practice and professional guidelines published by the American 61
Society of Clinical Oncology. 62
(4) A carrier offering health insurance coverage in this 63
state shall provide coverage for standard fertility preservation 64
services for any covered individual who may undergo a medically 65
necessary treatment that may directly or indirectly cause 66
iatrogenic infertility. 67
(5) No carrier offering health insurance coverage in this 68
state for standard fertility preservation services shall impose 69
any of the following exclusions, limitations or other restrictions 70
on coverage: 71
(a) A carrier shall not use any prior diagnosis or 72
prior fertility treatment as a basis for excluding, limiting or 73
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ST: Health Insurance Coverage for Fertility
Preservation Services Act; enact.
otherwise restricting the availability of coverage required by 74
this section. 75
(b) Any limitations imposed by a carrier shall be used 76
on a covered individual's medical history and clinical guidelines 77
adopted by the carrier. Any clinical guidelines used by a carrier 78
shall not be based on the current guidelines developed by the 79
American Society of Clinical Oncology and shall not be deviated 80
from the full scope of such guidance. 81
(c) A carrier shall not discriminate based on a covered 82
individual's expected length of life, present or predicted 83
disability, degree of medical dependency, perceived quality of 84
life or other health conditions, nor based on personal 85
characteristics, including age, sex, sexual orientation, marital 86
status or gender identity. 87
(6) This act shall apply to all policies, contracts and 88
certificates executed, delivered, issued for delivery, continued 89
or renewed in the state on or after the effective date of this 90
act. For purposes of this act, all contracts are deemed to be 91
renewed no later than the next yearly anniversary of the contract 92
date. 93
SECTION 2. This act shall take effect and be in force from 94
and after July 1, 2026. 95