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California Requires Large Insurance Companies to Cover IVF

California Requires Large Insurance Companies to Cover IVF

An embryologist holds a dish with human embryos at the La Jolla IVF Clinic in La Jolla, Calif., on Feb. 28, 2007. (Sandy Huffaker/Getty Images)

Kimberly Hayek
Kimberly Hayek

9/30/2024

Updated: 10/2/2024

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A new California state law requires large insurance companies to cover diagnoses and treatment for infertility and in vitro fertilization (IVF) starting July 1, 2025.

California Gov. Gavin Newsom on Sept. 29 announced the signing of the law, Senate Bill 729, introduced by Sen. Caroline Menjivar (D-Van Nuys). California joins more than a dozen states requiring insurance companies to provide coverage for IVF.

The legislation,  first introduced in February 2023, passed the Assembly with a 62–1 vote and the Senate 31–8 in August.

Fertility treatments have been in the spotlight recently as the U.S. Senate Republicans have twice blocked federal legislation to establish a “nationwide right” to IVF—the latest on Sept. 17.

“California is a proud reproductive freedom state—and that includes increasing access to fertility services that help those who want to start a family,” Newsom said in a statement.

Menjivar called the bill’s signing a “personal and emotional victory” in a statement.

“It is a triumph for the many Californians who have been denied a path towards family-building because of the financial barriers that come with fertility treatment, their relationship status, or are blatantly discriminated against as a member of the LGBTQ+ community,” Menjivar said.

The law expands coverage to approximately 9 million Californians, including “cancer survivors, unpartnered people, professional women, LGBTQ+ folks, and those lacking the financial means to pay out of pocket,” according to Menjivar.

According to the Department of Health and Human Services, the average out-of-pocket cost for each IVF cycle at California clinics is $24,000.

The new law is estimated to cost Californians more than $500 million in higher health care premiums in less than two years, according to the California Association of Health Plans.

Some doctors said the state’s current medical system is not ready.

“SB 729 is well-intentioned—aiming to improve access to IVF and other fertility services for Californians,” Dr. Houman David Hemmati posted on X. “However, it feels like this law was written without a true grasp of the logistical challenges involved. Politicians like Gavin Newsom may get a headline, but in reality, many will face sticker shock, limited access, or long waits that the system cannot handle.”

At a 2023 California State Assembly Health Committee hearing on the legislation, Allie Snyder, a mother who lives in California, testified in opposition.

“No one has the right to buy a baby,” said Snyder. “SB 729 redefines infertility to a person’s inability to reproduce either as an individual or with their partner without medical intervention.”

She said that, under SB 729, everyone will be considered infertile and eligible for surrogacy. Snyder questioned whether emancipated minors, the elderly, or the mentally ill would be allowed to receive IVF treatment under the new law.

IVF recently became a hot topic in the nationwide debate over reproductive issues after the Alabama Supreme Court in February ruled that frozen embryos created through IVF are considered minor children under state law, and several IVF operations in Alabama temporarily shut down.

The Alabama Legislature then quickly passed a bill shielding IVF providers and customers from liability for embryo deaths. In May, the Alabama Supreme Court declined to revisit its IVF ruling.

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