Mandated Insurance Coverage of Infertility Treatment
An Analysis of Age Requirements for New Jersey
Mandated Insurance Coverage of Assisted Reproductive Technology Over the past decade, advances in assisted reproductive technology (ART) including such procedures as in vitro fertilization (IVF) have reduced the obstacles to conception for women with infertility issues, particularly for women of advanced maternal age. Each state is now facing the dilemma of whether or not to mandate coverage of ART for their constituents. Furthermore, the state must decide what the qualifications for coverage should be if a mandate is to be enacted. RESOLVE, the National Infertility Association, a non-profit consumer-advocacy and patient –support organization, maintains a website with an up to date listing of mandated infertility coverage for each state (www.resolve.org). Currently, thirteen states have made the decision to mandate infertility coverage, New Jersey is one of two states, the other being Connecticut, who have chosen to apply an age requirement. On February 28, 2000, the state of New Jersey enacted a mandate to regulate coverage for ART services. The New Jersey State legislature is now concerned that the state may be perceived to be discriminating based upon age. Legislators have requested an analysis to answer the question: Is there a more appropriate age cutoff for mandated insurance coverage for infertility? In the past there have been minor amendments to the New Jersey fertility mandate informally known as the Family Building Act. It is the intention of this analysis to help New Jersey legislators determine whether the current coverage limitation is fair and reasonable and/or if the age requirement should be modified to make it so. As the mandate currently stands, health insurance policies covering more than 50 people are required to offer services for the diagnosis and treatment of
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