The State Senate on Jan. 27 approved legislation intended to fix a loophole in the state’s existing in-vitro fertilization law that has led same-sex couples to be rejected by insurance companies.
Lawmakers in the state’s upper chamber voted 49-9 to approve the so-called Equity in Fertility Treatment Act, which is part of a broader Reproductive Freedom legislative package and serves as a follow-up to legislation included in the 2019 state budget that was intended to level the playing field for LGBTQ individuals seeking to have children. While the 2019 law set out to cover three completed cycles of IVF, insurance companies have interpreted a “cycle of IVF” to consist of just one part of the process. Furthermore, gay and lesbian couples have faced unique barriers to coverage.
“While the law affords coverage to couples where one of the partners is using IVF, coverage is unavailable to gay men, as donor cycles, a key element necessary to obtain an egg, are not covered,” the bill’s justification section states. “Coverage is therefore also not available for lesbian couples where neither partner will undergo IVF.”
A previous edition of the latest bill was originally carried by then-State Senator Brad Hoylman-Sigal, who is now the Manhattan borough president. Julia Salazar of Brooklyn is now the lead sponsor, with State Senators Pete Harckham of Westchester and Jessica Scarcella-Spanton of Brooklyn and Staten Island serving as co-sponsors.
“LGBTQ+ New Yorkers deserve the same reproductive insurance coverage as all New Yorkers, yet they are being unfairly excluded due to an unintended loophole in State law,” Salazar said in a written statement. “The Equity in Fertility Treatment Act will ensure that all New Yorkers who wish to become parents through IVF, and have the insurance coverage afforded by New York’s 2019 legislation, will be able to do so.”
Salazar added: “There are many instances in our state’s history of denying LGBTQ+ people equal protection under the law. This does not need to continue being one of those instances.”
The nine lawmakers who voted against the bill are all Republicans: George Borrello, Robert Ortt, Pamela Helming, Dean Murray, Mark Walczyk, Patrick M. Gallivan, Mario R. Mattera, Thomas F. O’Mara, and James Tedisco.
The bill has yet to be taken up by the State Assembly. It was referred to the Standing Committee on Insurance, which is chaired by David Weprin of Queens.
