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Writer's pictureCLPA Policy Staff

Bill Report: B25-0034 - Expanding Access to Fertility Treatment Amendment Act of 2023

B25-0034, "Expanding Access to Fertility Treatment Amendment Act of 2023," is a proposed amendment to Washington D.C.'s Women's Health and Cancer Rights Federal Law Conformity Act of 2000. It aims to require individual health plans, group plans, and health insurers offering coverage through Medicaid and the D.C. Healthcare Alliance program to provide coverage for the diagnosis and treatment of infertility, including in vitro fertilization (IVF).



The amendment states that coverage for infertility treatments should be provided without discrimination based on various factors such as age, gender, genetic information, marital status, race, religion, or sexual orientation. It prohibits insurers from imposing deductibles, copayments, benefit maximums, waiting periods, or other limitations on infertility coverage that differ from those imposed on non-infertility-related services. Pre-existing condition exclusions or waiting periods related to infertility coverage are also prohibited.


The amendment further specifies that a health insurer offering coverage to a nonprofit employer with religious objections to certain methods of infertility diagnosis and treatment may issue a policy excluding coverage for those specific methods. However, the insured individuals must be provided written notice of the exclusion.


The term "infertility" is defined as the inability to conceive, produce conception, or sustain a successful pregnancy within a one-year period or when such treatment is medically necessary. "Treatment for infertility" includes various procedures consistent with established medical practices, such as diagnosis, diagnostic tests, medication, surgery, and gamete intrafallopian transfer.


The proposed act will take effect upon approval by the DC Mayor Bowser, followed by a 30-day period of congressional review and publication in the DC Register. Below is the result of the vote from the DC Council's Legislative Meeting yesterday:

Councilmember

Vote (Yea/Nay, Present, Absent)

Charles Allen

Yes

Anita Bonds

Yes

Matthew Frumin

Yes

Janeese Lewis George

Yes

Vincent C. Gray

Yes

Christina Henderson

Yes

Phil Mendelson

Yes

Kenyan R. McDuffie

Yes

Brianne K. Nadeau

Yes

Zachary Parker

Yes

Brooke Pinto

Yes

Robert C. White, Jr.

Yes

Trayon White, Sr.

Yes

Bill Status:

Approved



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