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SECOND REGULAR SESSION
HOUSE BILL NO. 3244
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BOYKO.
6281H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 1.205, RSMo, and to enact in lieu thereof two new sections relating to
assisted reproductive technology .
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 1.205, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 1.205 and 376.121 1, to read as follows:
1.205. 1. The general assembly of this state finds that:
2 (1) The life of each human being begins at conception;
3 (2) Unborn children have protectable interests in life, health, and well-being;
4 (3) The natural parents of unborn children have protectable interests in the life,
5 health, and well-being of their unborn child.
6 2. Eff ective January 1, 1988, the laws of this state shall be interpreted and construed
7 to acknowledge on behalf of the unborn child at every stage of development, all the rights,
8 privileges, and immunities available to other persons, citizens, and residents of this state,
9 subject only to the Constitution of the United States, and decisional interpretations thereof by
10 the United States Supreme Court and specific provisions to the contrary in the statutes and
11 constitution of this state.
12 3. As used in this section, the term "unborn children" or "unborn child" shall include
13 all unborn child or children or the of fspring of human beings from the moment of conception
14 until birth at every stage of biological development , but shall not apply to human embryos
15 cr eated thr ough assisted rep rodu ctive technology including, but not limited to, in vitr o
16 fertilization, prior to successful implantation in the uterus .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 4. Nothing in this section shall be interpreted as creating a cause of action against a
18 woman for indirectly harming her unborn child by failing to properly care for herself or by
19 failing to follow any particular program of prenatal care.
376.121 1 . 1. As used in this section, the following terms shall mean:
2 (1) "Health benefit plan", the same meaning given to the term in section
3 376.1350;
4 (2) "Infertility", a disease, condition, or status characterized by:
5 (a) The inability to achieve a successful preg nancy based on a patient's medical,
6 sexual, and repr oductive history; age; physical findings; diagnostic testing; or any
7 combination ther eof;
8 (b) The need for medical intervention, such as the use of donor gametes or donor
9 embryos, to achieve a successful pr egnancy either as an individual or with a partner; or
10 (c) An inability to conceive or sustain a successful pr egnancy after reg ular ,
11 unpr otected sexual intercourse for:
12 a. T welve months for women under thirty-five years of age; or
13 b. Six months for women thirty-five years of age or older .
14 2. No health benefit plan pr oviding coverage for mor e than twenty-five
15 employees that prov ides pr egnancy-r elated benefits shall be deliver ed, issued for
16 delivery , continued, amended, or renewed in this state on or after January 1, 2027,
17 unless the plan includes coverage for the diagnosis and tr eatment of infertility .
18 Coverage shall include, but is not limited to, in vitr o fertilization, embryo transfer ,
19 artificial insemination, and medically necessary oocyte cryopr eservation for patients
20 undergoing medical tr eatments known to cause significant impairment of fertility , such
21 as chemotherapy .
22 3. Coverage for in vitr o fertilization shall be requ ired under this section only if:
23 (1) The cover ed individual has been unable to achieve or sustain a successful
24 pr egnancy thr ough less costly , medically appr opriate infertility tr eatments cover ed
25 under the health benefit plan;
26 (2) The cover ed individual has not undergone four completed oocyte retri evals,
27 except that if a live birth follows a completed oocyte ret rieval, two additional oocyte
28 r etrievals shall be cover ed; and
29 (3) The pro cedur es are performed at facilities that conform to the guidelines for
30 in vitr o fertilization clinics issued by the American College of Obstetricians and
31 Gynecologists or to the minimal standards for in vitr o fertilization pr ograms issued by
32 the American Society for Repr oductive Medicine.
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33 4. Any individual who meets the req uirements for coverage under subsection 2
34 of this section for any proce dure other than in vitr o fertilization shall not be r equir ed to
35 meet any other conditions for appr oval of such coverage.
36 5. Coverage for the proced ures specified in this section is not r equir ed in any
37 health benefit plan issued to or by a r eligious institution or organization, or to or by an
38 entity sponsor ed by a r eligious institution or organization, that finds the pr ocedur es to
39 violate its re ligious and moral teachings and beliefs.
✔
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