This chart highlights the state laws related to health insurance coverage of fertility services, including infertility treatment and fertility preservation. Check back often, as this chart is updated frequently.
If you have a self-funded plan, certain state laws may not apply. For information on how to determine if your plan is self-funded, see our blog post.
For more information, see our Quick Guide to Fertility Preservation.
| State | These States Have Laws That Require Coverage for Infertility Services | Summary of Law that Requires Coverage for Infertility Services | These States Have Laws That Require Coverage of Fertility Preservation Services | Summary of Law that Requires Coverage of Fertility Preservation Services | These States Have Laws the Require Coverage of Fertility Preservation Services (2) | Summary of Law that Requires Coverage of Fertility Preservation Services (2) | Notes | |||
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| ALABAMA | ||||||||||
| ALASKA | ||||||||||
| ARIZONA | ||||||||||
| ARKANSAS | AR Code § 23-85-137 | Requires individual and group health insurance policies with maternity benefits (except HMOs) to cover in vitro fertilization (IVF), subject to a $15,000 lifetime maximum, with procedures at licensed facilities that meet ACOG and ASRM standards. Coverage includes cryopreservation, follows normal cost-sharing rules, limites pre-existing condition exclusions to 12 months, and allows insurers to include additional infertility services. | https://law.justia.com/codes/arkansas/title-23/subtitle-3/chapter-85/section-23-85-137/ | |||||||
| CALIFORNIA | SB 729 (2024) | Starting January 1, 2026 large group health plans in California must cover infertility diagnosis and treatment, including up to 3 oocyte retrievals with unlimited embryo transfers under ASRM guidelines, with small group plans must offer but not povide this coverage. The law defines infertility broadly, applies coverage without added cost-sharing or exclusions, and exempts Medi-Cal managed care, religious emploeyrs, and CalPERS plans until July 1, 2027. | https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB729 | SB 600 (2019) | Health plans and insurers must cover standard fertility preservation services, such as sperm or embryo preservation, when a medical treatment may directly or indirectly cause infertility, treating these services as basic health care benefits. This law does not apply to Medi-Cal managed care plans. | https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB600 | Originally, SB 729 (2024) was supposed to be effective July 1, 2025, but a separate budget bill pushed the implementation date to January 1, 2026. | |||
| COLORADO | HB20-1158 (2020): The "Colorado Buidling Families Act" | As of January 1, 2022, health benefit plans are required to cover infertility diagnosis, treatment, and standard fertility preservation services, including up to 3 oocyte retrievals with unlimited embryo transfers under ASRM guidelines, without imposing stricter limits or higher cost-sharing than for other services. Religious employers may opt out, and coverage for individual and small group plans depend on federal cost-defrayal determinations. | https://leg.colorado.gov/bills/hb20-1158 | |||||||
| CONNECTICUT | HB 7124 (2017) | As of January 1, 2018, individual and group health insurance policies are required to cover medically necessary infertility diagnosis and treatment (such as IVF, IUI, and ovulation induction) with specified limitations like age caps (up to age 40), lifetime cycle limits, and requirements to try less costly treatments first. Coverage must be provided at facilities meeting ASRM or SREI standards, and religious employers may obtain exclusions if coverage conflicts with their beliefs. | https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB07124&which_year=2017 | HB 7124 (2017) - Includes coverage for infertility services and fertility preservation. | ||||||
| DELAWARE | S 139 (2018) | Requires individual, group, and blanket health insurance policies that cover medical or hospital expenses to provide infertility diagnosis and treatment (including IVF) and standard fertility preservation services for individuals facing medically necessary treatments that may cause iatrogenic infertility. Coverage must include procedures such as intrauterine insemination, assisted hatching, cryopreservation (e.g., eggs, sperm, embryos, ovarian and testicular tissue), diagnostic testing, medications, surgery, and up to 6 completed egg retrievals per lifetime with unlimited embryo transfers, provided under ASRM guidelines using single embryo transfer when appropriate. Insurers may not impose different cost-sharing or restrictions for fertility care compared to other medical services. | https://legis.delaware.gov/BillDetail?LegislationId=26219 | S 139 (2018) - Includes coverage for infertility services and fertility preservation. | ||||||
| *DISTRICT OF COLUMBIA | B25-0034 (2023) | "Expanding Access to Fertility Treatment Amendment Act of 2023 - Effective January 1, 2025, health insurers offering both large group and individual/small group plans are required to cover infertility diagnosis, treatment (including IVF), and standard fertility preservation services, including at least 3 oocyte retrievals with unlimited embryo transfers (and third-party embryo transfers, excluding surrogate medical costs). Starting January 1, 2024, Medicaid and the DC Healthcare Alliance program must provide coverage for infertility diagnosis and at least 3 cycles of ovulation-enhancing medication treatment, and the DHCF must explore options to expand Medicaid coverage to include IVF and preservation. The law prohibits discriminatory cost-sharing or restrictions based on age, relationship, gender identity, or other protected characteristics, and requires insurers to notify policyholders about these benefits. | https://lims.dccouncil.gov/Legislation/B25-0034 | B25-0034 (2023) - Includes coverage for both infertility services and fertility preservation. | ||||||
| FLORIDA | HB 677 (2025) | Effective January 1, 2026, the state group health insurance program must cover medically necessary fertility retrieval and preservation services (including sperm and oocyte retrieval, cryopreservation, and storage) for individuals undergoing cancer treatments that may cause iatrogenic infertility. Coverage must align with nationally recognized clinical practice guidelines, cannot require preauthorization, and includes storage lasting for up to 3 years or until the individual is no longer covered, whichever comes first; plans may still apply standard cost-sharing terms and maximum benefit limits. | https://www.flsenate.gov/Session/Bill/2025/677 | HB 677 (2025) - Includes coverage for both infertility services and fertility preservation. | ||||||
| GEORGIA | HB 94 (2025) | Effective January 1, 2026, health benefit policies issued or renewed in Georgia must cover standard fertility preservation services (including evaluation, laboratory assessments, medications, and treatments associated with fertility preservation, as well as storage of gametes for up to 1 year) for individuals undergoing medically necessary treatments for cancer, sickle cell disease, or lupus that may cause iatrogenic infertility. Coverage may include exclusions for storage beyond 1 year, age restrictions, lifetime limits per procedure, and nonexperimental procedures, and is subject to the same deductibles, coinsurance, and copayment provisions as other covered benefits. | https://www.legis.ga.gov/legislation/69447 | |||||||
| HAWAII | HI Rev Stat § 431:10A-116.5 (2024) | All individual and group health insurance policies offering pregnancy-related benefits must provide a one-time outpatient IVF benefit when standard infertility treatments have failed and eligibility is met, e.g., 5 years of infertility or certain medical conditions (like endometriosis, DES exposure, blocked fallopian tubes, or male factor infertility), with IVF performed in clinics that meet ACOG or ASRM standards, and using the insured’s own eggs and spouse’s sperm. | https://law.justia.com/codes/hawaii/title-24/chapter-431/section-431-10a-116-5/ | |||||||
| IDAHO | ||||||||||
| ILLINOIS | 2022, Section 356m. Infertility coverage. (215 ILCS 5/356m) (from Ch. 73, par. 968m) | Effective January 1, 2026, group health insurance policies that offer pregnancy-related benefits and cover more than 25 employees must include coverage for infertility diagnosis and treatment (such as IVF, IUI, gamete transfers, and preimplantation genetic testing) performed in clinics meeting ASRM or SART standards. Policies are only required to cover IVF if less costly treatments have failed and if the insured has not exceeded 4 oocyte retrievals (with additional cycles allowed after a live birth), and must not impose stricter cost-sharing or limitations on fertility services than on other medical treatments; however, faith-based employers may claim an exemption for religious reasons. | https://www.ilga.gov/Documents/legislation/ilcs/documents/021500050K356m.htm | HB 2617 (2017) | Effective January 1, 2019, this law amends the Illinois Insurance Code to require individual, small and large group, and Medicaid health insurance policies to cover medically necessary expenses for standard fertility preservation services when a necessary medical treatment may directly or indirectly cause iatrogenic infertility. The law defines "iatrogenic infertility" and prohibits insurers from discriminating based on an individual's expected length of life, present or predicted disability, degree of medical dependency, quality of life, or other health conditions, nor based on personal characteristics, including age, sex, sexual orientation, or marital status. | https://www.ilga.gov/Legislation/BillStatus?GA=100&DocTypeID=HB&DocNum=2617&GAID=14&SessionID=91&LegID=103887 | ||||
| INDIANA | ||||||||||
| IOWA | ||||||||||
| KANSAS | ||||||||||
| KENTUCKY | HB 170 (2023) | Effective January 1, 2024, this law requires health benefit plans (including individual, group, Medicaid, and student health plans) to cover oocyte and sperm preservation services when a medically necessary treatment may cause iatrogenic infertility. Coverage includes evaluation, laboratory assessments, medications, and procedures associated with cryopreservation and storage for up to 1 year. Plans may exclude storage beyond 1 year, impose age restrictions, limit to 1 cryopreservation procedure per insured, and restrict coverage to nonexperimental procedures. The law does not apply to employer-sponsored plans if the employer is a religious organization. | https://apps.legislature.ky.gov/record/23RS/hb170.html | |||||||
| LOUISIANA | HB 186 (2023) | Effective January 1, 2024, health insurance plans (including individual, group, Medicaid, and student health plans) must cover standard fertility preservation services for individuals undergoing medically necessary treatments that may cause iatrogenic infertility. Coverage includes evaluation, laboratory assessments, medications, procedures associated with oocyte and sperm retrieval, and storage for up to 3 years. Plans may exclude storage costs beyond 3 years and may apply standard cost-sharing provisions, including deductibles, copayments, and coinsurance. Religious employers may request an exemption if the coverage conflicts with their religious beliefs, and enrollees may purchase supplemental coverage at their own expense. | https://www.legis.la.gov/legis/BillInfo.aspx?s=23rs&b=HB186 | |||||||
| MAINE | LD 1539 / HP 1144 (2021) | Effective January 1, 2023, health insurance carriers offering individual and group plans in Maine are required to provide coverage for fertility diagnostic care, fertility treatment, and fertility preservation services. Coverage must include evaluations, laboratory assessments, medications, and procedures intended to achieve pregnancy, including but not limited to the procurement of donor gametes. Coverage must be provided to the same extent that coverage is provided for other medical services or prescription drugs. Coverage under this subsection may not be denied to any enrollee who foregoes a particular fertility treatment or fertility preservation service if a provider determines that such fertility treatment or fertility preservation service is likely to be unsuccessful. | https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP1144&item=1&snum=130 | LD 1539 (2021) - Includes coverage for both infertility services and fertility preservation. | ||||||
| MARYLAND | MD Insurance Code Ann. Section 15-810 | Requires individual and group insurance policies with pregnancy benefits to cover up to 3 IVF cycles per live birth, with a $100,000 lifetime maximum, at clinics following ASRM and ACOG guidelines. Eligible patients include those with infertility from medical conditions, failed insemination attempts, or iatrogenic causes, who are policyholders or dependents and have tried less costly treatments. Coverage excludes sperm or oocyte storage and exempts religious employers, small employers (<50 employees), and self-insured plans. | https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gin§ion=15-810&enactments=false | SB 271 (2018) | Effective January 1, 2019, insurers, nonprofit health service plans, and HMOs that provide hospital, medical, or surgical benefits to individuals or groups under health insurance policies issued or delivered in Maryland are required to cover standard fertility preservation procedures. These procedures must be medically necessary to preserve fertility for a policyholder, subscriber, or their covered dependent spouse due to a need for medical treatment that may directly or indirectly cause iatrogenic infertility. Coverage includes evaluations, laboratory assessments, medications, and treatments associated with sperm and oocyte cryopreservation. The law does not require coverage for the storage of sperm or oocytes. A religious organization may request and receive an exclusion from in vitro fertilization coverage under certain conditions. | https://mgaleg.maryland.gov/2018RS/chapters_noln/Ch_716_sb0271E.pdf | HB 908 (2018) | Effective January 1, 2019, insurers, nonprofit health service plans, and HMOs offering hospital, medical, or surgical benefits in Maryland to cover standard fertility preservation procedures. These procedures must be medically necessary to preserve fertility for a policyholder, subscriber, or their covered dependent spouse due to a medical treatment that may directly or indirectly cause iatrogenic infertility. Coverage includes evaluations, laboratory assessments, medications, and treatments associated with sperm and oocyte cryopreservation. The law does not require coverage for the storage of sperm or oocytes. A religious organization may request and receive an exclusion from in vitro fertilization coverage under certain conditions. | https://mgaleg.maryland.gov/2018RS/bills/hb/hb0908t.pdf | |
| MASSACHUSETTS | Mass. 211 CMR 37.00: Infertility Benefits | Requires insurers with pregnancy benefits to cover diagnosis and treatment of infertility, including IVF, artificial insemination, gamete procurement, and cryopreservation, with no lifetime cap or cycle limit. Coverage is required for patients with medical or genetic conditions that may impair fertility, and insurers cannot impose different cost-sharing or restrictions than for other services. Self-insured employers are exempt, and experimental procedures, surrogacy, or sterilization reversal are not required. | https://www.mass.gov/regulations/211-CMR-3700-infertility-benefits | St. 2024, c. 140, § 74 | Effective retroactively to July 1, 2024, fully insured health plans in Massachusetts are mandated to cover standard fertility preservation services for enrollees diagnosed with medical or genetic conditions that may impair fertility. Coverage includes procurement, cryopreservation, and storage of gametes, embryos, or other reproductive tissue, provided to the same extent as other pregnancy-related procedures. The law does not apply to self-insured ERISA plans or out-of-state fully insured plans. | https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter140 | ||||
| MICHIGAN | ||||||||||
| MINNESOTA | ||||||||||
| MISSISSIPPI | ||||||||||
| MISSOURI | ||||||||||
| MONTANA | Mont. Code Ann. Section 33-31-102(2)(v) | Requires health maintenance organizations (HMOs) to provide "basic health care services," which include "infertility services." Does not define "infertility services" or specify the scope of coverage, leaving the extent of IVF coverage under HMOs unclear. Employers who self-insure are exempt from these requirements. | https://leg.mt.gov/bills/mca/title_0330/chapter_0310/part_0010/section_0020/0330-0310-0010-0020.html | SB 516 (2023) | Effective July 1, 2023, all individual and group health insurance policies (including disability, HMO, and medical plans) are required to cover medically necessary standard fertility preservation services for individuals diagnosed with cancer or undergoing medical treatments that may cause iatrogenic infertility. Coverage includes procedures consistent with established medical practices and professional guidelines published by national associations for practitioners of reproductive medicine or clinical oncology. Plans may apply standard deductibles, coinsurance, and copayments but may not impose special limitations on fertility preservation services that are not generally applicable to other covered services. The law does not apply to disability income, hospital indemnity, accident-only, vision, dental, or long-term care policies. Additionally, a cancer screening account is established to support cancer screening efforts. | https://bills.legmt.gov/#/bill/20231/LC4608?open_tab=sum | ||||
| NEBRASKA | ||||||||||
| NEVADA | AB 428 (2025) | Effective July 1, 2025, public and private health plans (including Medicaid and insurance for state and local government employees) are required to cover medically necessary fertility preservation services for individuals diagnosed with breast or ovarian cancer if the cancer may directly or indirectly cause infertility, or if the individual is expected to receive medical treatment that could cause infertility. Coverage must follow established medical guidelines. Insurers affiliated with religious organizations may be exempt if they provide written notice. | https://www.leg.state.nv.us/App/NELIS/REL/83rd2025/Bill/12625/Overview | |||||||
| NEW HAMPSHIRE | SB 279 (2019) | Effective January 1, 2020, group health insurance plans are required to cover infertility diagnosis, medically necessary fertility treatments, and fertility preservation services for individuals at risk of treatment-related infertility. Coverage includes evaluations, medications, procedures, and cryopreservation of eggs, sperm, and embryos, with standard cost-sharing and no pre-existing condition exclusions. | https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=868&sy=2019&sortoption=&txtsessionyear=2019&txtbillnumber=SB279 | SB 279 (2019) - Includes coverage for both infertility services and fertility preservation. | ||||||
| NEW JERSEY | N.J. P.L. 2001, c. 236 | Requires health insurers with pregnancy-related benefits to cover medically necessary infertility treatments, including IVF, embryo transfer, artificial insemination, GIFT, ZIFT, and ICSI, with up to 4 completed egg retrievals per lifetime. Coverage applies to individuals under 45 who have attempted less costly treatments without success and meet the law’s definition of infertility. Treatments must be performed at facilities meeting professional standards, and benefits must be provided under the same terms as other pregnancy-related services. Religious employers may request exemptions, and the law does not apply to individuals covered by state medical assistance programs. | https://pub.njleg.gov/bills/2000/pl01/236_.htm | SB 2133 (2018) | Effective January 13, 2020, health insurance plans are required to cover standard fertility preservation services for individuals undergoing medically necessary treatments that may cause iatrogenic infertility. Coverage follows established medical guidelines, applies the same cost-sharing and benefit limits as other medical services, and cannot be restricted based on age, sex, sexual orientation, marital status, gender identity, or other personal characteristics. | https://www.njleg.state.nj.us/bill-search/2018/S2133 | ||||
| NEW MEXICO | ||||||||||
| NEW YORK | N.Y. Ins. Law §§ 3221(k)(6)(C) and 4303(s)(3) | Effective January 1, 2020, large group health insurance policies (those issued to employers with more than 100 employees) are required to cover 3 cycles of in-vitro fertilization (IVF) for individuals diagnosed with infertility. Coverage includes all associated services, such as medications and laboratory procedures, and applies to policies issued or renewed in New York on or after the effective date. The law also requires coverage for fertility preservation services for individuals diagnosed with conditions or undergoing treatments that may cause infertility, such as cancer treatments. These services include the procurement and storage of reproductive tissue and must be provided to the same extent as other medical services under the policy. The law prohibits insurers from imposing age restrictions on IVF coverage and from imposing lifetime limitations on fertility preservation services. It does not apply to self-funded ERISA plans, Medicaid, or Medicare. | https://www.dfs.ny.gov/apps_and_licensing/health_insurers/ivf_fertility_preservation_law_qa_guidance | |||||||
| NORTH CAROLINA | ||||||||||
| NORTH DAKOTA | ||||||||||
| OHIO | Ohio Rev. Code Ann. Section 1751.01(A)(7) | Health insuring corporations (HICs) are required to offer basic health care services, which include infertility services such as artificial insemination, in vitro fertilization (IVF), and related procedures, when medically necessary. These services are considered part of the standard benefits package and must be provided under the same terms and conditions as other covered services. HICs are not mandated to cover experimental procedures related to infertility. Employers that self-insure are exempt from these requirements. | https://codes.ohio.gov/ohio-revised-code/section-1751.01 | |||||||
| OKLAHOMA | SB 1334 (2024) | Effective January 1, 2025, Corinne’s Law requires all health plans to cover standard fertility preservation services for individuals diagnosed with cancer and undergoing treatments that may cause iatrogenic infertility. Coverage includes oocyte, sperm, and ovarian tissue preservation consistent with medical guidelines, with exemptions allowed for religious employers. | https://www.oklegislature.gov/BillInfo.aspx?Bill=SB1334&Session=2400 | |||||||
| OREGON | ||||||||||
| PENNSYLVANIA | ||||||||||
| *PUERTO RICO | ||||||||||
| RHODE ISLAND | RI Gen. Laws Scetion 27-18-30 | Requires health insurance policies with pregnancy-related benefits to cover medically necessary infertility diagnosis and treatment for women aged 25–42, as well as standard fertility preservation services when medical treatment may cause iatrogenic infertility. Coverage may have a $100,000 lifetime cap and does not apply to self-insured employers. | https://law.justia.com/codes/rhode-island/title-27/chapter-27-18/section-27-18-30/ | 2017-S 0821A / 2017-H 6170 A | Effective July 5, 2018, health insurance policies are required to cover standard fertility preservation services when medical treatments may cause iatrogenic infertility. Coverage includes oocyte and sperm preservation procedures consistent with professional guidelines, with exemptions allowed for religious employers. | http://webserver.rilin.state.ri.us/BillText/BillText17/SenateText17/S0821A.pdf | ||||
| SOUTH CAROLINA | ||||||||||
| SOUTH DAKOTA | ||||||||||
| TENNESSEE | ||||||||||
| TEXAS | Tex. Insurance Code Ann. Section 3.51-6, Sec. 3A | Requires group health plans with pregnancy-related benefits to cover IVF for married patients who meet specific infertility criteria, have failed less costly treatments, and use a facility meeting ASRM standards. Coverage is not required for religious-affiliated insurers, self-insured employers, or certain exempt policy types. | https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1366.htm | HB 1649 (2023) | Effective September 1, 2023, health benefit plans providing medical or surgical coverage must include fertility preservation services for individuals undergoing medically necessary treatments (such as surgery, chemotherapy, or radiation) that may cause impaired fertility. These services must align with standard procedures defined by ASCO or the ASRM. The law applies to plans issued or renewed on or after January 1, 2024, and excludes certain plans, including Medicaid, CHIP, and those covering only hospital expenses or wage replacements. | https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1649 | ||||
| UTAH | HJR 8 (2023) | Directs the Public Employees’ Benefit and Insurance Program (PEHP) to provide state employees and eligible dependents with coverage for standard fertility preservation services when medically necessary, gonadotoxic treatments (such as those for cancer or requiring a bone marrow transplant) may directly or indirectly cause infertility. Coverage includes consultations, medications, and cryopreservation procedures, as well as cryopreservation costs for up to 5 years, or until age 23 for individuals under 18. | https://le.utah.gov/~2023/bills/hbillint/HJR008.pdf | HB 192 Substitute 3 (2021) | Effective July 1, 2021, the Utah Medicaid program is required to provide coverage for standard fertility preservation services for qualified enrollees diagnosed with cancer or other diseases that may cause iatrogenic infertility due to treatments like surgery, chemotherapy, or radiation. “Standard fertility preservation services” include sperm banking, oocyte banking, embryo banking, and storage of reproductive cells and tissues, consistent with guidelines from ASRM and ASCO. Before January 1, 2022, the Utah Department of Health must apply for a Medicaid waiver or state plan amendment with CMS to implement this coverage. Additionally, the law establishes criminal penalties for health care providers who use their own gametes in assisted reproductive treatments without the patient's written consent. | https://le.utah.gov/~2021/bills/static/HB0192.html | ||||
| VERMONT | ||||||||||
| VIRGINIA | ||||||||||
| WASHINGTON | ||||||||||
| WEST VIRGINIA | W.Va. Code Section 33-25A-2 | Requires HMOs to cover infertility services under "basic health care services." However, the law does not define "infertility." Exempts employers who are self-insured. | https://code.wvlegislature.gov/33-25A-2/ | |||||||
| WISCONSIN | ||||||||||
| WYOMING | ||||||||||
| GUAM | ||||||||||
| Federal Employee Health Benefits | Plan Year 2025 | Beginning Plan Year 2025, the FEHB Program will offer expanded fertility benefits: all enrollees will have access to plans that include IVF coverage, artificial insemination (IUI) and associated medications, and fertility drugs for up to 3 annual IVF cycles. Every state will offer at least 2 such plan options, and several states and territories (including California, New York, and Texas) will provide additional enhanced options, some of which include no limits on cycles or dollar amounts. | https://www.opm.gov/healthcare-insurance/carriers/fehb/2024/2024-04.pdf | |||||||
| LAST UPDATED | 9/2025 |