Requires Medicaid coverage for fertility preservation services in cases of iatrogenic infertility caused by medically necessary treatments.

A2281

ASSEMBLY, No. 2281

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman MARGIE DONLON, M.D.

District 11 (Monmouth)

Assemblywoman LISA SWAIN

District 38 (Bergen)

Assemblywoman ANDREA KATZ

District 8 (Atlantic and Burlington)

Co-Sponsored by:

Assemblymen Verrelli, Stanley, Assemblywomen
Reynolds-Jackson, Drulis, Kane, Haider, Peterpaul, McCoy, Bagolie, Speight,
Murphy, Assemblyman Tully, Assemblywomen Sweeney, Rowan and Assemblyman Kearney

SYNOPSIS

���� Requires Medicaid coverage for fertility preservation
services in cases of iatrogenic infertility caused by medically necessary
treatments.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning Medicaid coverage for fertility
preservation services and amending P.L.1968, c.413.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����� 1.�� Section
6 of P.L.1968, c.413 (C.30:4D-6) is amended to read as follows:

����� 6.
a. Subject to the requirements of Title XIX of the federal Social Security Act,
the limitations imposed by this act and by the rules and regulations
promulgated pursuant thereto, the department shall provide medical assistance
to qualified applicants, including authorized services within each of the
following classifications:

����� (1)
Inpatient hospital services

����� (2)
Outpatient hospital services;

����� (3)
Other laboratory and X-ray services;

����� (4)
(a) Skilled nursing or intermediate care facility services;

����� (b)
Early and periodic screening and diagnosis of individuals who are eligible
under the program and are under age 21, to ascertain their physical or mental
health status and the health care, treatment, and other measures to correct or
ameliorate defects and chronic conditions discovered thereby, as may be
provided in regulation of the Secretary of the federal Department of Health and
Human Services and approved by the commissioner;

����� (5)
Physician's services furnished in the office, the patient's home, a hospital, a
skilled nursing, or intermediate care facility or elsewhere.

����� As
used in this subsection, "laboratory and X-ray services" includes HIV
drug resistance testing, including, but not limited to, genotype assays that
have been cleared or approved by the federal Food and Drug Administration,
laboratory developed genotype assays, phenotype assays, and other assays using
phenotype prediction with genotype comparison, for persons diagnosed with HIV
infection or AIDS.

����� b.�� Subject
to the limitations imposed by federal law, by this act, and by the rules and
regulations promulgated pursuant thereto, the medical assistance program may be
expanded to include authorized services within each of the following
classifications:

����� (1)
Medical care not included in subsection a.(5) above, or any other type of
remedial care recognized under State law, furnished by licensed practitioners
within the scope of their practice, as defined by State law;

����� (2)
Home health care services;

����� (3)
Clinic services;

����� (4)
Dental services;

����� (5)
Physical therapy and related services;

����� (6)
Prescribed drugs, dentures, and prosthetic devices; and eyeglasses prescribed
by a physician skilled in diseases of the eye or by an optometrist, whichever
the individual may select;

����� (7)
Optometric services;

����� (8)
Podiatric services;

����� (9)
Chiropractic services;

����� (10)
Psychological services;

����� (11)
Inpatient psychiatric hospital services for individuals under 21 years of age,
or under age 22 if they are receiving such services immediately before
attaining age 21;

����� (12)
Other diagnostic, screening, preventative, and rehabilitative services, and
other remedial care;

����� (13)
Inpatient hospital services, nursing facility services, and immediate care
facility services for individuals 65 years of age or over in an institution for
mental diseases;

����� (14)
Intermediate care facility services;

����� (15)
Transportation services;

����� (16)
Services in connection with the inpatient or outpatient treatment or care of
substance use disorder, when the treatment is prescribed by a physician and
provided in a licensed hospital or in a narcotic and substance use disorder
treatment center approved by the Department of Health pursuant to P.L.1970,
c.334 (C.26:2G-21 et. seq.) and whose staff includes a medical director, and
limited those services eligible for federal financial participation under Title
XIX of the federal Social Security Act;

����� (17)
Any other medical care and any other type of remedial care recognized under
State law, specified by the Secretary of the federal Department of Health and
Human Services, and approved by the commissioner;

����� (18)
Comprehensive maternity care, which may include: the basic number of prenatal
and postpartum visits recommended by the American College of Obstetrics and
Gynecology; additional prenatal and postpartum visits that are medically
necessary; necessary laboratory, nutritional assessment and counseling, health
education, personal counseling, managed care, outreach, and follow-up services;
treatment of conditions which may complicate pregnancy doula care; and
physician or certified nurse midwife delivery services.� For the purposes of
this paragraph, "doula" means a trained professional who provides
continuous physical, emotional, and informational support to a mother before,
during, and shortly after childbirth, to help her to achieve the healthiest,
most satisfying experience possible;

����� (19)
Comprehensive pediatric care, which may include: ambulatory, preventive, and
primary care health services.� The preventive services shall include, at a
minimum, the basic number of preventive visits recommended by the American
Academy of Pediatrics;

����� (20)
Services provided by a hospice which is participating in the Medicare program
established pursuant to Title XVIII of the Social Security Act, Pub.L.89-97 (42
U.S.C. s.1395 et seq.).� Hospice services shall be provided subject to approval
of the Secretary of the federal Department of Health and Human Services for
federal reimbursement;

����� (21)
Mammograms, subject to approval of the Secretary of the federal Department of
Health and Human Services for federal reimbursement, including one baseline
mammogram for women who are at least 35 but less than 40 years of age; one
mammogram examination every two years or more frequently, if recommended by a
physician, for women who are at least 40 but less than 50 years of age; and one
mammogram examination every year for women age 50 and over;

����� (22)
Upon referral by a physician, advanced practice nurse, or physician assistant
of a person who has been diagnosed with diabetes, gestational diabetes, or
pre-diabetes, in accordance with standards adopted by the American Diabetes
Association:

����� (a)
Expenses for diabetes self-management education or training to ensure that a
person with diabetes, gestational diabetes, or pre-diabetes can optimize
metabolic control, prevent and manage complications, and maximize quality of
life.� Diabetes self-management education shall be provided by an in-State
provider who is:

����� (i)
a licensed, registered, or certified health care professional who is certified
by the National Certification Board of Diabetes Educators as a Certified
Diabetes Educator, or certified by the American Association of Diabetes
Educators with a Board Certified-Advanced Diabetes Management credential,
including, but not limited to: a physician, an advanced practice or registered
nurse, a physician assistant, a pharmacist, a chiropractor, a dietitian
registered by a nationally recognized professional association of dietitians,
or a nutritionist holding a certified nutritionist specialist (CNS) credential
from the Board for Certification of Nutrition Specialists; or

����� (ii)
an entity meeting the National Standards for Diabetes Self-Management Education
and Support, as evidenced by a recognition by the American Diabetes Association
or accreditation by the American Association of Diabetes Educators;

����� (b)
Expenses for medical nutrition therapy as an effective component of the
person's overall treatment plan upon a: diagnosis of diabetes, gestational
diabetes, or pre-diabetes; change in the beneficiary's medical condition,
treatment, or diagnosis; or determination of a physician, advanced practice
nurse, or physician assistant that reeducation or refresher education is
necessary.� Medical nutrition therapy shall be provided by an in-State provider
who is a dietitian registered by a nationally-recognized professional
association of dietitians, or a nutritionist holding a certified nutritionist
specialist (CNS) credential from the Board for Certification of Nutrition
Specialists, who is familiar with the components of diabetes medical nutrition
therapy;

����� (c)
For a person diagnosed with pre-diabetes, items and services furnished under an
in-State diabetes prevention program that meets the standards of the National
Diabetes Prevention Program, as established by the federal Centers for Disease
Control and Prevention; and

����� (d)
Expenses for any medically appropriate and necessary supplies and equipment
recommended or prescribed by a physician, advanced practice nurse, or physician
assistant for the management and treatment of diabetes, gestational diabetes,
or pre-diabetes, including, but not limited to: equipment and supplies for
self-management of blood glucose; insulin pens; insulin pumps and related
supplies; and other insulin delivery devices;

����� (23)
Expenses incurred for the provision of group prenatal services to a pregnant
woman, provided that:

����� (a)
the provider of such services, which shall include, but not be limited to, a
federally qualified health center or a community health center operating in the
State:

����� (i)
is a site accredited by the Centering Healthcare Institute, or is a site
engaged in an active implementation contract with the Centering Healthcare
institute, that utilizes the Centering Pregnancy model; and

����� (ii)
incorporates the applicable information outlined in any best practices manual
for prenatal and postpartum maternal care developed by the Department of Health
into the curriculum for each group prenatal visit;

����� (b)
each group prenatal care visit is at least 1.5 hours in duration, with a.
minimum of two women and a maximum of 20 women in participation; and

����� (c)
no more than 10 group prenatal care visits occur per pregnancy.� As used in
this paragraph, "group prenatal care services" means a series of
prenatal care visits provided in a group setting which are based upon the
Centering Pregnancy model developed by the Centering Healthcare Institute and
which include health assessments, social and clinical support, and educational
activities;

����� (24)
Expenses incurred for the provision of pasteurized donated human breast milk,
which shall include human milk fortifiers if indicated in a medical order
provided by a licensed medical practitioner, to an infant under the age of six
months; provided that the milk is obtained from a human milk bank that meets
quality guidelines established by the Department of Health and a licensed
medical practitioner has issued a medical order for the infant under at least
one of the following circumstances:

����� (a)
the infant is medically or physically unable to receive maternal breast milk or
participate in breast feeding, or the infant's mother is medically or
physically unable to produce maternal breast milk in sufficient quantities or
participate in breast feeding despite optimal lactation support; or

����� (b)
the infant meets any of the following conditions:

����� (i)
a body weight below healthy levels, as determined by the licensed medical
practitioner issuing the medical order for the infant;

����� (ii)
the infant has a congenital or acquired condition that places the infant at a
high risk for development of necrotizing enterocolitis; or

����� (iii)
the infant has a congenital or acquired condition that may benefit from the use
of donor breast milk and human milk fortifiers, as determined by the Department
of Health;

����� (25)
Comprehensive tobacco cessation benefits to an individual who is 18 years of
age or older, or who is pregnant.� Coverage shall include: brief and high
intensity individual counseling, brief and high intensity group counseling, and
telemedicine as defined by section 1 of P.L.2017, c.117 (C.45:1-61); all
medications approved for tobacco cessation by the U.S. Food and Drug
Administration; and other tobacco cessation counseling recommended by the
Treating Tobacco Use and Dependence Clinical Practice Guideline issued by the
U.S. Public Health Service.� Notwithstanding the provisions of any other law,
rule, or regulation to the contrary, and except as otherwise provided in this
section:

����� (a)
Information regarding the availability of the tobacco cessation services
described in this paragraph shall be provided to all individuals authorized to
receive the tobacco cessation services pursuant to this paragraph at the
following times: no later than 90 days after the effective date of P.L.2019,
c.473: upon the establishment of an individual's eligibility for medical
assistance; and upon the redetermination of an individual's eligibility for
medical assistance;

����� (b)
The following conditions shall not be imposed on any tobacco cessation services
provided pursuant to this paragraph: copayments or any other forms of
cost-sharing, including deductibles; counseling requirements for medication;
stepped care therapy or similar restrictions requiring the use of one service
prior to another; limits on the duration of services; or annual or lifetime
limits on the amount, frequency, or cost of services, including, but not
limited to, annual or lifetime limits on the number of covered attempts to
quit; and

����� (c)
Prior authorization requirements shall not be imposed on any tobacco cessation
services provided pursuant to this paragraph except in the following
circumstances where prior authorization may be required: for a treatment that
exceeds the duration recommended by the most recently published United States
Public Health Service clinical practice guidelines on treating tobacco use and
dependence; or for services associated with more than two attempts to quit
within a 12-month period;

����� (26)
Provided that there is federal financial participation available, benefits for
expenses incurred in conducting a colorectal cancer screening in accordance
with United States Preventive Services Task Force recommendations.� The method
and frequency of screening to be utilized shall be in accordance with the most
recent published recommendations of the United States Preventive Services Task
Force and as determined medically necessary by the covered person's physician,
in consultation with the covered person.

����� No
deductible, coinsurance, copayment, or any other cost-sharing requirement shall
be imposed for a colonoscopy performed following a positive result on a
non-colonoscopy, colorectal cancer screening test recommended by the United
States Preventive Services Task Force;
[
and
]

����� (27)
(a) Within 24 months of the effective date of P.L.2023, c.187 (C.30:4D-6u et
al.), and conditional on the receipt of all necessary federal approvals and the
securing of federal financial participation pursuant to section 2 of P.L.2023,
c.187 (C.30:4D-6u), community-based palliative care benefits which shall
include, but not be limited to, all of the following:

����� (i)
specialized medical care and emotional and spiritual support for beneficiaries
with serious advanced illnesses;

����� (ii)
relief of symptoms, pain, and stress of serious illness;

����� (iii)
improvement of quality of life for both the beneficiary and the beneficiary's
family; and

����� (iv)
appropriate care for any age and for any stage of serious illness, along with
curative treatment.

����� (b)
Benefits provided under this paragraph shall include, but shall not be limited
to, services provided by a hospice pursuant to paragraph (20) of subsection b.
of this section, provided that:

����� (i)
hospice services may be provided at the same time that curative treatment is
available, to the extent that services are not duplicative;

����� (ii)
hospice services may be provided to beneficiaries whose conditions may result
in death, regardless of the estimated length of the beneficiary's remaining
period of life; and

����� (iii)
the Division of Medical Assistance and Health Services in the Department of
Human Services may include any other service deemed appropriate under the
benefits provided under this paragraph.

����� (c)
Providers authorized to deliver benefits provided under this paragraph shall
include Medicaid-approved licensed hospice agencies, Medicaid-approved home
health agencies licensed to provide hospice care, and other Medicaid-approved
licensed health care providers.

����� (d)
Nothing in this paragraph shall be construed to result in the elimination or
reduction of covered benefits or services under the Medicaid program.

����� (e)
This paragraph shall not affect a beneficiary's eligibility to receive,
concurrently with services provided for in this paragraph, any services,
including home health services, for which the beneficiary would have been
eligible in the absence of this paragraph, to the extent that services are not
duplicative
; and

�����
(28)�
(a)� Coverage for standard fertility preservation services when a medically
necessary treatment may directly or indirectly cause iatrogenic infertility.� Benefits
provided pursuant to this paragraph shall be limited to one fertility
preservation cycle. unless that procedure is unsuccessful.

�����
(b)� Benefits
provided pursuant to this paragraph shall not be determined by an eligible
beneficiary�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, age, gender, gender identity, sexual
orientation, or marital status.

�����
(c)� For
the purposes of this paragraph:

�����
�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; and

�����
�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.
�

����� c.�� Payments
for the foregoing services, goods and supplies furnished pursuant to this act
shall be made to the extent authorized by this act, the rules and regulations
promulgated pursuant thereto and, where applicable, subject to the agreement of
insurance provided for under this act.� The payments shall constitute payment
in full to the provider on behalf of the recipient.� Every provider making a
claim for payment pursuant to this act shall certify in writing on the claim
submitted that no additional amount will be charged to the recipient, the
recipient's family, the recipient's representative or others on the recipient's
behalf for the services, goods, and supplies furnished pursuant to this act.

����� No
provider whose claim for payment pursuant to this act has been denied because
the services, goods, or supplies were determined to be medically unnecessary
shall seek reimbursement form the recipient, his family, his representative or
others on his behalf for such services, goods, and supplies provided pursuant
to this act; provided, however, a provided may seek reimbursement from a
recipient for services, goods, or supplies not authorized by this act, if the
recipient elected to receive the services, goods or supplies with the knowledge
that they were not authorized.

����� d.�� Any
individual eligible for medical assistance (including drugs) may obtain such
assistance from any person qualified to 33 perform the service or services
required (including an organization which provides such services, or arranges
for their availability on a prepayment basis), who undertakes to provide the
individual such services.

����� No
copayment or other form of cost-sharing shall be imposed on any individual
eligible for medical assistance, except as mandated by federal law as a
condition of federal financial participation.

����� e.�� Anything
in this act to the contrary notwithstanding, no payments for medical assistance
shall be made under this act with respect to care or services for any
individual who:

����� (1)
Is an inmate of a public institution (except as a patient in a medical
institution); provided, however, that an individual who is otherwise eligible
may continue to receive services for the month in which he becomes an inmate,
should the commissioner determine to expand the scope of Medicaid eligibility
to include such an individual, subject to the limitations imposed by federal
law and regulations, or

����� (2)
Has not attained 65 years of age and who is a patient in an institution for
mental diseases, or

����� (3)
Is over 21 years of age and who is receiving inpatient psychiatric hospital
services in a psychiatric facility; provided, however, that an individual who
was receiving such services immediately prior to attaining age 21 may continue
to receive such services until the individual reaches age 22.� Nothing in this
subsection shall prohibit the commissioner from extending medical assistance to
all eligible persons receiving inpatient psychiatric services; provided that
there is federal financial participation available.

����� f.
(1) A third party as defined in section 3 of P.L.1968, c.413 (C.30:4D-3) shall
not consider a person's eligibility for Medicaid in this or another state when
determining the person's eligibility for enrollment or the provision of
benefits by that third party.

����� (2)
In addition, any provision in a contract of insurance, health benefits plan, or
other health care coverage document, will, trust, agreement, court order, or
other instrument which reduces or excludes coverage or payment for health
care-related goods and services to or for an individual because of that
individual's actual or potential eligibility for or receipt of Medicaid
benefits shall be null and void, and no payments shall be made under this act
as a result of any such provision.

����� (3)
Notwithstanding any provision of law to the contrary, the provisions of
paragraph (2) of this subsection shall not apply to a trust agreement that is
established pursuant to 42 U.S.C. s.1396p(d)(4)(A) or (C) to supplement and
augment assistance provided by government entities to a person who is disabled
as defined in section 1614(a)(3) of the federal Social Security Act (42 31
U.S.C. s.1382c (a)(3)).

����� g.�� The
following services shall be provided to eligible medically needy individuals as
follows:

����� (1)
Pregnant women shall be provided prenatal care and delivery services and
postpartum care, including the services cited in subsections a.(1), (3), and
(5) of this section and subsections b.(1)-(10), (12), (15), and (17) of this
section, and nursing facility services cited in subsection b.(13) of this
section.

����� (2)
Dependent children shall be provided with services cited in subsections a.(3)
and (5) of this section and subsections b.(1), (2), (3), (4), (5), (6), (7),
(10), (12), (15), and (17) of this section, and nursing facility services cited
in subsection b.(13) of this section.

����� (3)
Individuals who are 65 years of age or older shall be provided with services
cited in subsections a.(3) and (5) of this section and subsections b.(1)-(5),
(6) excluding prescribed drugs, (7), (8), (10), (12), (15), and (17) of this
section, and nursing facility services cited in subsection b.(13) of this
section.

����� (4)
Individuals who are blind or disabled shall be provided with services cited in
subsections a.(3) and (5) of this section and subsections b.(1)-(5), (6)
excluding prescribed drugs, (7), (8), (10), 3 (12), (15), and (17) of this
section, and nursing facility services cited in subsection b.(13) of this
section.

����� (5)
(a) Inpatient hospital services, subsection a.(1) of this section, shall only
be provided to eligible medically needy individuals, other than pregnant women,
if the federal Department of Health and Human Services discontinues the State's
waiver to establish inpatient hospital reimbursement rates for the Medicare and
Medicaid programs under the authority of section 601(c)(3) of the Social
Security Act Amendments of 1983, Pub.L.98-21 (42 U.S.C. s.1395ww(c)(5)).�
Inpatient hospital services may be extended to other eligible medically needy
individuals if the federal Department of Health and Human Services directs that
these services be included.

����� (b)
Outpatient hospital services, subsection a.(2) of this section, shall only be
provided to eligible medically needy individuals if the federal Department of
Health and Human Services discontinues the State's waiver to establish
outpatient hospital reimbursement rates for the Medicare and Medicaid programs
under the authority of section 601(c)(3) of the Social Security Amendments of
1983, Pub.L.98-21 (42 U.S.C. s.1395ww(c)(5)).� Outpatient hospital services may
be extended to all or to certain medically needy individuals if the federal
Department of Health and Human Services directs that these services be
included.� However, the use of outpatient hospital services shall be limited to
clinic services and to emergency room services for injuries and significant
acute medical conditions.

����� (c)
The division shall monitor the use of inpatient and outpatient hospital
services by medically needy persons.

����� h.�� In
the case of a qualified disabled and working individual pursuant to section
h6408 of Pub.L.101-239 (42 U.S.C. s.1396d), the only medical assistance
provided under this act shall be the payment of premiums for Medicare part A
under 42 U.S.C. ss.1395i-2 and 1395r.

����� i.��� In
the case of a specified low-income Medicare beneficiary pursuant to 42 U.S.C.
s.1396a(a)10(E)iii, the only medical assistance provided under this act shall
be the payment of premiums for Medicare part B under 42 U.S.C. s.1395r as
provided for in 42 U.S.C. s.1396d(p)(3)(A)(ii).

����� j.��� In
the case of a qualified individual pursuant to 42 U.S.C. s.1396a(aa), the only
medical assistance provided under this act shall be payment for authorized
services provided during the period in which the individual requires treatment
for breast or cervical cancer, in accordance with criteria established by the
commissioner.

����� k.��
(1)
�
In the case of a qualified individual pursuant to 42 U.S.C. s.1396a(ii), the
only medical assistance provided under this act shall be payment for family
planning services and supplies as described at 42 U.S.C. s.1396d(a)(4)(C),
including medical diagnosis and treatment services that are provided pursuant
to a family planning service in a family planning setting.

�����
(2)�
For the purposes of this subsection, and subject to federal approval under
Titles XIX and XXI of the Social Security Act, coverage of family planning
services and supplies for a qualified individual shall include the provision of
standard fertility preservation services, as defined in paragraph (28) of
subsection b. of this section, when a medically necessary treatment may
directly or indirectly cause iatrogenic infertility, as defined under paragraph
(28) of subsection b. of this section.� Benefits provided pursuant to this
subsection shall be limited to one fertility preservation cycle, unless that
procedure is unsuccessful.

(cf:
P.L.2023, c.187, s.1)

���� 2.��� (New section)� The
Commissioner of Human Services shall apply for such State plan amendments or
waivers as may be necessary to implement the provisions of this act and to
secure federal financial participation for State Medicaid expenditures under
the federal Medicaid program.

���� 3.��� (New section)� The
Commissioner of Human Services shall, in accordance with the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
adopt rules and regulations as necessary to implement this act.

���� 4. This act shall take effect
immediately.

STATEMENT

����� This bill requires
the State Medicaid program and the
Plan First program to cover standard fertility preservation services in cases
in which a medically necessary medical treatment may directly or indirectly
cause iatrogenic infertility. The bill limits the provision of fertility
preservation services to one fertility preservation cycle, unless the procedure
is unsuccessful.

����� The bill defines �iatrogenic infertility� as an
impairment of fertility caused by surgery, radiation, chemotherapy, or other
medical treatment affecting reproductive organs or processes. The bill further
defines �standard fertility preservation services� as procedures which are
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.