Massachusetts Requires Coverage for Standard Fertility Preservation Services

November 19, 2024

Effective retroactive to July 1, 2024, a new fertility preservation law will require standard fertility coverage for certain enrollees facing medical diagnoses or treatments for a disease that has a likely side effect of infertility, as established by reputable professional organizations, thus enabling them to preserve their fertility. This new requirement was passed as part of a budget law (St. 2024, c. 140, § 74).

The law requires fully insured plans that provide coverage to eligible employees and their dependents in Massachusetts to cover standard fertility preservation services, including, but not limited to, coverage for procurement, cryopreservation and storage of gametes, embryos, or other reproductive tissue, when the enrollee has a diagnosed medical or genetic condition that may directly or indirectly cause impairment of fertility by affecting reproductive organs or processes. Coverage needs to be provided to the same extent as other pregnancy-related procedures.

Massachusetts already requires carriers to provide many aspects of infertility diagnosis and treatment, such as IVF and cryopreservation of eggs. This law expands certain infertility benefits to covered enrollees who have a diagnosed medical or genetic condition that may directly or indirectly cause impairment of fertility by affecting reproductive organs or processes.

Employers who sponsor fully insured plans with employees in Massachusetts should review this law closely and update their fertility coverage in consultation with the carriers. Self-insured ERISA plans are exempt from this law. It is not clear whether the law applies to fully insured plans issued in another state. Employers who have employees in another state should verify the applicability of the law with their carriers.

• Mass. General Laws c.32A § 17T
• St. 2024, c. 140, § 74
• 211 CMR 37.00: Infertility Benefits