California Legislature Approves Landmark IVF Bill to Require Insurance Coverage for Fertility Healthcare, Sending Measure to Governor Newsom

August 29, 2024 at 16:20 PM EDT

News Source: California State Senator Caroline Menjivar

Senate Bill 729 provides equitable access to fertility treatments, including IVF, and updates California's 35-year-old discriminatory law

SACRAMENTO, Calif., Aug. 29, 2024 (SEND2PRESS NEWSWIRE) — The California State Legislature approved Senate Bill 729, authored by State Senator Caroline Menjivar (D-San Fernando Valley) and sponsored by California State Insurance Commissioner Ricardo Lara, with bipartisan support today sending the measure to Governor Newsom’s desk with votes of 55-0 in the Assembly and 30-8 in the Senate.

CA State Senator Caroline Menjivar
Image caption: Senator Caroline Menjivar (D-San Fernando Valley).

SB 729 requires large group health plans to provide coverage for fertility care, including treatment for infertility and in vitro fertilization (IVF) – expanding access and removing economic barriers for 10 million eligible Californians. Fourteen other states have enacted similar insurance laws.

“For almost 30 years the archaic and discriminatory Knox-Keene Act has blocked the pathway to family building for Californians without the financial means and has deplorably excluded LGBTQ+ folks from fertility treatment coverage. The current mandate to offer fertility care is toothless and does not include IVF, one of the most successful modern advancements available,” said Senator Menjivar. “IVF has become a national topic, and as other states look to restrict access the California Legislature has affirmed we are the torch bearers of reproductive freedom by sending SB 729, mandating fertility treatment coverage in large group insurance plans, to the Governor. Never before have we been so close to victory over this barrier to reproductive justice, and I urge Governor Newsom to live up to his claim to be a reproductive rights champion by signing SB 729 into law.”

“As Insurance Commissioner, my role is to protect consumers and ensure they receive the best value from their coverage. This measure is one way we are achieving this goal,” said Insurance Commissioner Ricardo Lara. “California has led the nation in safeguarding access to reproductive healthcare, yet we still have significant work to do. The safest and most reliable methods of fertility care have been out of reach for most Californians, with rates of access the lowest for Black and Latina women, as well as the LGBTQ+ community. SB 729 is a powerful reminder of how we define family and how we can help Californians build theirs by being a leader in reproductive healthcare.”

SB 729 is in alignment with model legislation created in 2020 by RESOLVE: The National Infertility Association as it provides equitable access to the LGBTQ+ community and unpartnered individuals by expanding the definition of “infertility” to include anyone seeking to build a family – regardless of relationship status or sexual preference. The American Society for Reproductive Medicine (ASRM) published a similar more inclusive definition of infertility in October 2023, further establishing that every person deserves equal access to reproductive medicine.

“With the overwhelming support of SB 729, our legislature sent a clear message – we need to bring California out of the dark ages on fertility care,” said State Assemblymember Buffy Wicks (D-Oakland). Wicks co-authored SB 729 and has introduced several measures since 2019 to address this issue. “California’s current law not only leaves out coverage for IVF, it also defines infertility in such a narrow way as to exclude the LGBTQ+ community and single people needing medical intervention to build their families. We must address this gap in our healthcare system.”

SB 729 ensures cancer patients are eligible for IVF insurance to continue their family building after preserving their eggs, sperm or embryos under SB 600. In 2019, Governor Newsom signed SB 600 into law requiring insurers to cover the cost of fertility preservation for patients facing chemotherapy and radiation.

“SB 600 gave cancer patients access to emergency services to prevent imminent sterility and infertility as a side effect of cancer treatments. This is the critical first step in the IVF process,” said State Senator Anthony Portantino (D-Burbank), who introduced SB 600. “But SB 729 is an essential next step that would allow these survivors to use their frozen tissues to realize their family-building dreams.”

“I can attest to the adverse consequences of California’s outdated law and the downstream health issues and costs when patients cannot access or afford fertility care due to lack of health insurance coverage,” said Dr. Marcelle Cedars, the Immediate Past President of American Society for Reproductive Medicine and Director of UCSF Center for Reproductive Health. “When fertility services including IVF are covered, physicians can tailor care to provide the most medically and cost-effective treatment, sparing families unnecessary health risks and costs.”

“Our state is a leader in reproductive freedom, but we’re lagging behind when it comes to ensuring that all people who want to have children are able to do so,” said Reproductive Freedom for All Director of State Campaigns Caroline Mello Roberson. “California’s existing law is grossly inadequate; coverage for fertility and infertility treatment is the only element of reproductive care excluded from insurance coverage. By excluding IVF alone, it leaves out the most effective treatment for infertility.”

“With the financial burden of fertility treatments being simply insurmountable for most, SB 729 is a long overdue bill that will finally make IVF and other treatments more affordable and accessible in California. The bill also addresses the outdated and discriminatory definitions that have shut out too many LGBTQ+ couples from accessing the care they need to start a family,” said Equality California Executive Director Tony Hoang. “We commend the Legislature for recognizing the importance of inclusive fertility care and for taking bold action to support all families. It’s time that we join the growing list of states that have already guaranteed this essential coverage. We urge Governor Newsom to sign SB 729 into law and solidify California’s role as a leader in reproductive freedom and LGBTQ+ rights.”

“How much should equality cost California?” said Our Family Coalition Executive Director Mimi Demissew. “Passing SB 729 will finally bring an end to California’s bigoted law and bring California closer to standing on the right side of history by supporting the human right of wanting to and having children. I trust that Governor Newsome will not stand in the way of progress and am hopeful that he will sign SB 729 into law. Like our former First Lady, Michelle Obama, for many Californians medically assisted fertility treatment is the only way to have children.”

SB 729 is cosponsored by Insurance Commissioner Lara, RESOLVE: The National Infertility Association; Reproductive Freedom for All California; The Alliance for Fertility Preservation; Equality California; American Society for Reproductive Medicine; Our Family Coalition; and the Service Employees International Union (SEIU).

SB 729 has received the endorsement of more than 75 non-profits, associations, and organizations across the state, as well as thousands of advocate letters to lawmakers voicing support for the bill.

Learn more about Senator Caroline Menjivar (D-San Fernando Valley) at: https://sd20.senate.ca.gov/

Image of senator for media: https://sd20.senate.ca.gov/sites/sd20.senate.ca.gov/files/website/sd20_headshot.jpg