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A2191
ASSEMBLY, No. 2191
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
���� Requires health insurance coverage of standard
fertility preservation services for individuals with certain menstrual
disorders resulting in infertility.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning health insurance coverage of
fertility preservation services, amending various parts of the statutory law,
and supplementing Title 26 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section) The
Legislature finds and declares that:
���� a.���� A menstrual disorder is
an abnormal condition related to the menstrual cycle and affects up to 25% of
women of childbearing age.
���� b.��� Certain menstrual
disorders, including endometriosis, menorrhagia, and uterine fibroids, have an
increased risk of causing infertility.
���� c.���� Fertility preservation
services, including the cryopreservation of embryos and oocytes, can protect an
individual�s ability to bear children by protecting eggs and reproductive
tissue.
���� 2.��� Section 1 of P.L.2019,
c.306 (C.17:48-6rr) is amended to read as follows:
���� 1.��� a.� A hospital service
corporation contract which provides hospital or medical expense benefits for
groups with more than 50 persons and is delivered, issued, executed or renewed
in this State, or approved for issuance or renewal in this State by the Commissioner
of Banking and Insurance, on or after the effective date of this act, shall
provide coverage for standard fertility preservation services when a medically
necessary treatment may directly or indirectly cause iatrogenic infertility
or
when an individual is diagnosed with a menstrual disorder that may result in
infertility
.
���� For the purposes of this
section:
���� "Iatrogenic
infertility" means an impairment of fertility caused by surgery,
radiation, chemotherapy, or other medical treatment affecting reproductive
organs or processes.
���� "May directly or
indirectly cause" means a medical treatment with a likely side effect of
iatrogenic infertility as established by the American Society for Reproductive
Medicine, the American Society of Clinical Oncology, or as defined by the New
Jersey Department of Health.
����
�Menstrual disorder� means
an abnormal condition related to the menstrual cycle, which shall include, but
not be limited to, menorrhagia, endometriosis, and uterine fibroids.
���� "Standard fertility
preservation services" means procedures consistent with established
medical practices and professional guidelines published by the American Society
for Reproductive Medicine, the American Society of Clinical Oncology, or as defined
by the New Jersey Department of
Health.� "Standard fertility preservation services" shall not include
the storage of sperm
[
or
oocytes
]
,
but shall include cryopreservation of embryos and oocytes for individuals
diagnosed with a menstrual disorder that may result in infertility
.
���� The benefits shall be provided
to the same extent as for any other medical condition under the contract.� The
same copayments, deductibles, and benefit limits shall apply to the provision
of standard fertility preservation services pursuant to this section as those
applied to other medical or surgical benefits under the contract.
���� b.��� A hospital service
corporation providing coverage under this section shall not determine the
provision of standard fertility preservation services based on a covered
person's expected length of life, present or predicted disability, degree of
medical dependency, perceived quality of life, or other health conditions, or
based on personal characteristics, including age, sex, sexual orientation,
marital status, or gender identity.
���� c.���� This section shall
apply to those hospital service corporation contracts in which the hospital
service corporation has reserved the right to change the premium.
(cf: P.L.2019, c.306, s.1)
���� 3.��� Section 2 of P.L.2019,
c.306 (C.17:48A-7oo) is amended to read as follows:
���� 2.��� a.� A medical service
corporation contract which provides hospital or medical expense benefits for
groups with more than 50 persons and is delivered, issued, executed or renewed
in this State, or approved for issuance or renewal in this State by the Commissioner
of Banking and Insurance, on or after the effective date of this act, shall
provide coverage for standard fertility preservation services when a medically
necessary treatment may directly or indirectly cause iatrogenic infertility
or
when an individual is diagnosed with a menstrual disorder that may result in
infertility
.
���� For the purposes of this
section:
���� "Iatrogenic
infertility" means an impairment of fertility caused by surgery,
radiation, chemotherapy, or other medical treatment affecting reproductive
organs or processes.
���� "May directly or
indirectly cause" means a medical treatment with a likely side effect of
iatrogenic infertility as established by the American Society for Reproductive
Medicine, the American Society of Clinical Oncology, or as defined by the New
Jersey Department of Health.
����
�Menstrual disorder� means
an abnormal condition related to the menstrual cycle, which shall include, but
not be limited to, menorrhagia, endometriosis, and uterine fibroids.
���� "Standard fertility
preservation services" means procedures consistent with established
medical practices and professional guidelines published by the American Society
for Reproductive Medicine, the American Society of Clinical Oncology, or as defined
by the New Jersey Department of Health.� "Standard fertility preservation
services" shall not include the storage of sperm
[
or oocytes
]
, but shall
include cryopreservation of embryos and oocytes for individuals diagnosed with
a menstrual disorder that might result in infertility
.
���� The benefits shall be provided
to the same extent as for any other medical condition under the contract.� The
same copayments, deductibles, and benefit limits shall apply to the provision
of standard fertility preservation services pursuant to this section as those
applied to other medical or surgical benefits under the contract.
���� b.��� A medical service
corporation providing coverage under this section shall not determine the
provision of standard fertility preservation services based on a covered
person's expected length of life, present or predicted disability, degree of
medical dependency, perceived quality of life, or other health conditions, or
based on personal characteristics, including age, sex, sexual orientation,
marital status, or gender identity.�
���� c.���� This section shall
apply to those medical service corporation contracts in which the medical
service corporation has reserved the right to change the premium.
(cf: P.L.2019, c.306, s.2)
���� 4.��� Section 3 of P.L.2019,
c.306 (C.17:48E-35.42) is amended to read as follows:
���� 3.��� a.� A health service
corporation contract which provides hospital or medical expense benefits for
groups with more than 50 persons and is delivered, issued, executed or renewed
in this State, or approved for issuance or renewal in this State by the Commissioner
of Banking and Insurance, on or after the effective date of this act shall
provide coverage for standard fertility preservation services when a medically
necessary treatment may directly or indirectly cause iatrogenic infertility
or
when an individual is diagnosed with a menstrual disorder that may result in
infertility
.
���� For the purposes of this
section:
���� "Iatrogenic
infertility" means an impairment of fertility caused by surgery,
radiation, chemotherapy, or other medical treatment affecting reproductive
organs or processes.
���� "May directly or
indirectly cause" means a medical treatment with a likely side effect of
iatrogenic infertility as established by the American Society for Reproductive
Medicine, the American Society of Clinical Oncology, or as defined by the New
Jersey Department of Health.
����
�Menstrual disorder� means
an abnormal condition related to the menstrual cycle, which shall include, but
not be limited to, menorrhagia, endometriosis, and uterine fibroids.
���� "Standard fertility
preservation services" means procedures consistent with established
medical practices and professional guidelines published by the American Society
for Reproductive Medicine, the American Society of Clinical Oncology, or as defined
by the New Jersey Department of Health.� "Standard fertility preservation
services" shall not include the storage of sperm
[
or oocytes
]
, but shall
include cryopreservation of embryos and oocytes for individuals diagnosed with
a menstrual disorder that might result in infertility.
�
���� The benefits shall be provided
to the same extent as for any other medical condition under the contract.� The
same copayments, deductibles, and benefit limits shall apply to the provision
of standard fertility preservation services pursuant to this section as those
applied to other medical or surgical benefits under the contract.
���� b.��� A health service
corporation providing coverage under this section shall not determine the
provision of standard fertility preservation services based on a covered
person's expected length of life, present or predicted disability, degree of
medical dependency, perceived quality of life, or other health conditions, or
based on personal characteristics, including age, sex, sexual orientation,
marital status, or gender identity.�
���� c.���� This section shall
apply to those health service corporation contracts in which the health service
corporation has reserved the right to change the premium.
(cf: P.L.2019, c.306, s.3)
���� 5.��� Section 4 of P.L.2019,
c.306 (C.17B:27-46.1rr) is amended to read as follows:
���� 4.��� a.� A group health
insurance policy which provides hospital or medical expense benefits for groups
with more than 50 persons and is delivered, issued, executed or renewed in this
State, or approved for issuance or renewal in this State by the Commissioner of
Banking and Insurance, on or after the effective date of this act, shall
provide coverage for standard fertility preservation services when a medically
necessary treatment may directly or indirectly cause iatrogenic infertility
or
when an individual is diagnosed with a menstrual disorder that may result in
infertility
.
���� For the purposes of this
section:
���� "Iatrogenic
infertility" means an impairment of fertility caused by surgery,
radiation, chemotherapy, or other medical treatment affecting reproductive
organs or processes.
���� "May directly or
indirectly cause" means a medical treatment with a likely side effect of
iatrogenic infertility as established by the American Society for Reproductive
Medicine, the American Society of Clinical Oncology, or as defined by the New
Jersey Department of Health.
����
�Menstrual disorder� means
an abnormal condition related to the menstrual cycle, which shall include, but
not be limited to, menorrhagia, endometriosis, and uterine fibroids.
���� "Standard fertility
preservation services" means procedures consistent with established
medical practices and professional guidelines published by the American Society
for Reproductive Medicine, the American Society of Clinical Oncology, or as defined
by the New Jersey Department of Health.� "Standard fertility preservation
services" shall not include the storage of sperm
[
or oocytes
]
, but shall
include cryopreservation of embryos and oocytes for individuals diagnosed with
a menstrual disorder that might result in infertility
.
���� The benefits shall be provided
to the same extent as for any other medical condition under the policy.� The
same copayments, deductibles, and benefit limits shall apply to the provision
of standard fertility preservation services pursuant to this section as those
applied to other medical or surgical benefits under the policy.
���� b.��� An insurer providing
coverage under this section shall not determine the provision of standard
fertility preservation services based on an insured's expected length of life,
present or predicted disability, degree of medical dependency, perceived
quality of life, or other health conditions, or based on personal
characteristics, including age, sex, sexual orientation, marital status, or
gender identity.
���� c.���� This section shall
apply to those group health insurance policies in which the insurer has
reserved the right to change the premium.
(cf: P.L.2019, c.306, s.4)
���� 6.��� Section 5 of P.L.2019,
c.306 (C.26:2J-4.43) is amended to read as follows:
���� 5.��� a.� A health maintenance
organization contract that provides hospital or medical expense benefits for
groups with more than 50 persons and is delivered, issued, executed or renewed
in this State, or approved for issuance or renewal in this State by the Commissioner
of Banking and Insurance, on or after the effective date of this act, shall
provide coverage for standard fertility preservation services when a medically
necessary treatment may directly or indirectly cause iatrogenic infertility
or
when an individual is diagnosed with a menstrual disorder that may result in
infertility
.
���� For the purposes of this
section:
���� "Iatrogenic
infertility" means an impairment of fertility caused by surgery,
radiation, chemotherapy, or other medical treatment affecting reproductive
organs or processes.
���� "May directly or
indirectly cause" means a medical treatment with a likely side effect of
iatrogenic infertility as established by the American Society for Reproductive
Medicine, the American Society of Clinical Oncology, or as defined by the New
Jersey Department of Health.
����
�Menstrual disorder� means
an abnormal condition related to the menstrual cycle, which shall include, but
not be limited to, menorrhagia, endometriosis, and uterine fibroids.
���� "Standard fertility
preservation services" means procedures consistent with established
medical practices and professional guidelines published by the American Society
for Reproductive Medicine, the American Society of Clinical Oncology, or as defined
by the New Jersey Department of Health.� "Standard fertility preservation
services" shall not include the storage of sperm
[
or oocytes
]
, but shall
include cryopreservation of embryos and oocytes for individuals diagnosed with
a menstrual disorder that might result in infertility
.
���� The benefits shall be provided
to the same extent as for any other medical condition under the contract.� The
same copayments, deductibles, and benefit limits shall apply to the provision
of standard fertility preservation services pursuant to this section as those
applied to other medical or surgical benefits under the contract.
���� b.��� A health maintenance
organization providing coverage under this section shall not determine the
provision of standard fertility preservation services based on an enrollee's
expected length of life, present or predicted disability, degree of medical
dependency, perceived quality of life, or other health conditions, or based on
personal characteristics, including age, sex, sexual orientation, marital
status, or gender identity.�
���� c.���� This section shall
apply to those health maintenance organization contracts in which the health
maintenance organization has reserved the right to change the premium.
(cf: P.L.2019, c.306, s.5)
���� 7.��� Section 6 of P.L.2019,
c.306 (C.52:14-17.29bb) is amended to read as follows:
���� 6.��� a.� The State Health
Benefits Commission shall ensure that every contract purchased by the
commission on or after the effective date of this act that provides hospital or
medical expense benefits shall provide coverage for standard fertility
preservation services when a medically necessary treatment may directly or
indirectly cause iatrogenic infertility
or when an individual is diagnosed
with a menstrual disorder that may result in infertility
.
���� For the purposes of this
section:
���� "Iatrogenic
infertility" means an impairment of fertility caused by surgery,
radiation, chemotherapy, or other medical treatment affecting reproductive
organs or processes.
���� "May directly or
indirectly cause" means a medical treatment with a likely side effect of
iatrogenic infertility as established by the American Society for Reproductive
Medicine, the American Society of Clinical Oncology, or as defined by the New
Jersey Department of Health.
����
�Menstrual disorder� means
an abnormal condition related to the menstrual cycle, which shall include, but
not be limited to, menorrhagia, endometriosis, and uterine fibroids.
���� "Standard fertility
preservation services" means procedures consistent with established
medical practices and professional guidelines published by the American Society
for Reproductive Medicine, the American Society of Clinical Oncology, or as defined
by the New Jersey Department of Health.� "Standard fertility preservation
services" shall not include the storage of sperm
[
or oocytes
]
, but shall
include cryopreservation of embryos and oocytes for individuals diagnosed with
a menstrual disorder that might result in infertility
.
���� The benefits shall be provided
to the same extent as for any other medical condition under the contract.� The
same copayments, deductibles, and benefit limits shall apply to the provision
of standard fertility preservation services pursuant to this section as those
applied to other medical or surgical benefits under the contract.
���� b.��� The State Health
Benefits Commission shall not purchase a contract that determines the provision
of standard fertility preservation services based on a covered person's
expected length of life, present or predicted disability, degree of medical
dependency, perceived quality of life, or other health conditions, or based on
personal characteristics, including age, sex, sexual orientation, marital
status, or gender identity.
(cf: P.L.2019, c.306, s.6)
���� 8.��� Section 7 of P.L.2019,
c.306 (C.52:14-17.46.6m) is amended to read as follows:
���� 7.��� a.� The School
Employees' Health Benefits Commission shall ensure that every contract
purchased by the commission on or after the effective date of this act that
provides hospital or medical expense benefits shall provide coverage for
standard fertility preservation services when a medically necessary treatment
may directly or indirectly cause iatrogenic infertility
or when an
individual is diagnosed with a menstrual disorder that may result in
infertility
.
���� For the purposes of this
section:
���� "Iatrogenic
infertility" means an impairment of fertility caused by surgery,
radiation, chemotherapy, or other medical treatment affecting reproductive
organs or processes.
���� "May directly or
indirectly cause" means a medical treatment with a likely side effect of
iatrogenic infertility as established by the American Society for Reproductive
Medicine, the American Society of Clinical Oncology, or as defined by the New
Jersey Department of Health.
����
�Menstrual disorder� means
an abnormal condition related to the menstrual cycle, which shall include, but
not be limited to, menorrhagia, endometriosis, and uterine fibroids.
���� "Standard fertility
preservation services" means procedures consistent with established
medical practices and professional guidelines published by the American Society
for Reproductive Medicine, the American Society of Clinical Oncology, or as defined
by the New Jersey Department of Health.� "Standard fertility preservation
services" shall not include the storage of sperm
[
or oocytes
]
, but shall
include cryopreservation of embryos and oocytes for individuals diagnosed with
a menstrual disorder that might result in infertility
.
���� The benefits shall be provided
to the same extent as for any other medical condition under the contract.� The
same copayments, deductibles, and benefit limits shall apply to the provision
of standard fertility preservation services pursuant to this section as those
applied to other medical or surgical benefits under the contract.
���� b.��� The School Employees'
Health Benefits Program shall not purchase a contract that determines the
provision of standard fertility preservation services based on a covered
person's expected length of life, present or predicted disability, degree of
medical dependency, perceived quality of life, or other health conditions, or
based on personal characteristics, including age, sex, sexual orientation,
marital status, or gender identity.
(cf: P.L.2019, c.306, s.7)
���� 9.��� This act shall take
effect on the 90th day next following enactment and shall apply to policies or
contracts delivered, issued, or renewed on or after that date.
STATEMENT
���� This bill requires health
insurance coverage of standard fertility preservation services for individuals
with certain menstrual disorders resulting in infertility.�
���� Under the bill, health
insurance carriers (which include hospital service corporations, medical
service corporations, health service corporations, health maintenance
organizations authorized to issue health benefits plans in New Jersey, group
health insurance policies, and any entities contracted to administer health
benefits in connection with the State Health Benefits Program and School
Employees� Health Benefits Program) will be required to cover standard
fertility preservation services when an individual is diagnosed with a
menstrual disorder that may result in infertility.� For the purposes of this
bill, a �menstrual disorder� is an abnormal condition related to the menstrual
cycle, which shall include, but is not limited to, menorrhagia, endometriosis,
and uterine fibroids.