You have accessJournal of UrologyInfertility: Evaluation1 Apr 2015

PD52-08 INEQUITY BETWEEN MALE AND FEMALE INFERTILITY COVERAGE IN STATE INSURANCE LAWS

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    INTRODUCTION AND OBJECTIVES

    The World Health Organization and American Society of Reproductive Medicine (ASRM) define infertility as a disease, and the ASRM, the National Institute for Health and Care Excellence in the United Kingdom, and the Centers for Disease Control and Prevention all recommend that infertile couples begin work-ups together. With the Affordable Care Act silent on federal mandates for infertility coverage, the issue will be left to individual states. While several studies have analyzed female infertility coverage across states, none have evaluated coverage for male infertility. Male-factor infertility alone accounts for 30% of all infertility and is associated with an increased risk of cardiovascular disease, cancer, and early mortality in men. We hypothesize that insurance coverage for male infertility is disproportionately excluded from state insurance laws.

    METHODS

    We identified states with laws or codes related to infertility insurance coverage using the National Conference of States Legislatures' (www.ncsl.org) and the National Infertility Association's (www.resolve.org) websites. We performed a primary, systematic review and analysis of the laws or codes to specifically identify coverage for male infertility services.

    RESULTS

    There are 16 states with laws addressing insurance coverage for infertility (Table 1). Only 6 states (37.5%) (CA, CT, MA, NJ, NY, OH) clearly mandate male infertility evaluation or treatment. In two states (WV, MT), infertility coverage is listed only as part of basic health care services but is not further defined. In CA and TX, infertility coverage must be offered to employers, but employers may elect to include or exclude infertility coverage for their employees. Three states (MA, NY, NJ) exempt coverage for vasectomy reversal.

    CONCLUSIONS

    Despite national recommendations that male and female partners begin infertility evaluations together, only 37.5% of states with laws concerning infertility clearly include coverage for the male partner. Excluding men from infertility coverage places an undue burden on female partners and risks missing opportunities to diagnosis serious male health conditions, correct reversible causes of infertility, and provide cost-effective treatments that can downgrade the intensity of intervention required to achieve a pregnancy.

    Table 1. Summary of male-factor infertility coverage in states with laws related to infertility coverage

    State Male Factor Evaluation/Treatment Coverage Included Restrictions Law/Code Year(s) Enacted
    AR None Ark. State. Ann. 23- 85-137, 23-86-118 1987, 2011
    CA Diagnosis, and treatment (medication and surgery) of conditions causing infertility must be offered to employers Cal. Health Safety Code 1374.55, Cal. Insurance Code 10119.6 1989
    CT Diagnosis and treatment for individuals unable to 'produce conception' Conn. Gen. Stat. 38a-509, 38a-536 1989, 2005
    HI None Hawaii Rev. Stat. 431:10A-116.5, 432.1-604 1989, 2003
    IL None Ill. Rev. Stat. ch. 215, 5/356m 1991, 1996
    LA None La. Rev. Stat. Ann. 22:1036 2001
    MD None Md. Insurance Code Ann. 15-810, Md. Health General Code Ann. 19-701 2000
    MA Diagnosis and treatment of infertility, including sperm procurement, processing, and banking Correction of elective sterilization; experimental procedures* Mass. Gen. Laws Ann. Ch. 175, 47H, ch. 176A, 8K, ch. 176B, 4J, ch. 176G, 4; 211 Code of Mass. Regulations 37.00 1987, 2010
    MN None Minn. Stat. Ann. 256B.0625 2013
    MT Undefined 'infertility services' as a basic health care service Only mandated for Health Maintenance Organizations (HMOs) Mont. Code Ann. 33-22-1521, 33-31- 102(2)(v), et seq. 1987
    NJ Diagnosis and treatment of infertility Correction of elective sterilization; cryopreservation; experimental procedures N.J. Stat. Ann. 17:48A-7w, 17:48E- 35.22, 17B:27-46.1x 2001
    NY Semen analysis, testis biopsy, correction of malformation, disease, or dysfunction resulting in infertility Correction of elective sterilizations; cryopreservation; experimental procedures N.Y. Insurance Law 3216 (13), 3221 (6) and 4303 1990, 2002, 2011
    OH Diagnostic and exploratory procedures for testicular failure Only mandated for HMOs Ohio Rev. Code Ann 1751.01 (A) (7) 1991
    RI None R.I. Gen. Laws 27- 18-30, 27-19-23, 27- 20-20 and 27-41-33 1989, 2007
    TX None Tex. Insurance Code Ann. 1366.001 et seq. 1987, 2003
    WV Undefined 'infertility services' as a basic health care service Only mandated for HMOs W. Va. Code 33-25A-2 1995

    ∗ not otherwise defined