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REFERENCE TITLE: health insurance; fertility preservation; coverage |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1347 |
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Introduced by Senators Werner: Angius
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AN ACT
amending title 20, chapter 4, article 3, arizona revised statutes, by adding section 20-841.14; amending title 20, chapter 4, article 9, arizona revised statutes, by adding SECTION 20-1057.21; amending title 20, chapter 6, article 4, arizona revised statutes, by adding section 20-1376.11; amending title 20, chapter 6, article 5, arizona revised statutes, by adding section 20-1406.11; relating to health insurance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 20, chapter 4, article 3, Arizona Revised Statutes, is amended by adding section 20-841.14, to read:
20-841.14. Fertility preservation coverage; requirements; religious employer; exemption; definitions
B. A hospital service corporation or medical service corporation may not require preauthorization for standard fertility preservation services. A subscription contract may contain provisions for maximum benefits and may require that standard fertility preservation services be subject to the same deductibles, copayments, coinsurance and reasonable limitations and exclusions that are consistent with this section.
C. A religious employer may submit a written request for an exemption from the requirements of this section to a hospital service corporation or medical service corporation, and the hospital service corporation or medical service corporation shall grant the exemption if the coverage required by this section conflicts with the employer's religious beliefs. A religious employer that obtains an exemption shall provide written notice of the exemption to prospective subscribers.
D. This section does not prevent a subscriber from purchasing a supplemental insurance policy that covers standard fertility preservation services at the subscriber's own expense.
E. For the purposes of this section:
1. "Iatrogenic infertility" means an impairment of fertility that is caused directly or indirectly by surgery, chemotherapy, radiation or other medical treatment that has a potential side effect of impaired fertility as established by the american society of clinical oncology or the american society for reproductive medicine.
2. "Religious employer" means an employer that both:
(a) Is a church, a convention or association of churches or an elementary or secondary school that is controlled, operated or principally supported by a church or by a convention or association of churches.
(b) Qualifies as a tax-exempt organization under section 501(c)(3) of the united states internal revenue code.
3. "Reproductive age" means the age range in which an individual is deemed fertile as established by the American society of clinical oncology or the american society for reproductive medicine.
4. "Standard fertility preservation services":
(a) Means:
(i) Oocyte and sperm preservation procedures that are consistent with established medical practices or professional guidelines published by the american society of clinical oncology or the american society for reproductive medicine.
(ii) THe storage for at least three years of preserved ovarian tissue, sperm and oocyte.
(b) Includes cryopreservation of any of the following:
(i) Ovarian tissue.
(ii) Sperm.
(iii) oocyte.
Sec. 2. Title 20, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 20-1057.21, to read:
20-1057.21. Fertility preservation coverage; requirements; religious employer; exemption; definitions
A. A health care services organization that issues, amends or renews an evidence of coverage on or after January 1, 2027 shall provide coverage for standard fertility preservation services to an enrollee who is within reproductive age, who is diagnosed with cancer and whose medically necessary treatment may directly or indirectly cause iatrogenic infertility.
B. A health care services organization may not require preauthorization for standard fertility preservation services. An evidence of coverage may contain provisions for maximum benefits and may require that standard fertility preservation services be subject to the same deductibles, copayments, coinsurance and reasonable limitations and exclusions that are consistent with this section.
C. A religious employer may submit a written request for an exemption from the requirements of this section to a health care services organization, and the health care services organization shall grant the exemption if the coverage required by this section conflicts with the employer's religious beliefs. A religious employer that obtains an exemption shall provide written notice of the exemption to prospective enrollees.
D. This section does not prevent an enrollee from purchasing a supplemental insurance policy that covers standard fertility preservation services at the enrollee's own expense.
E. For the purposes of this section:
1. "Iatrogenic infertility" means an impairment of fertility that is caused directly or indirectly by surgery, chemotherapy, radiation or other medical treatment that has a potential side effect of impaired fertility as established by the american society of clinical oncology or the american society for reproductive medicine.
2. "Religious employer" means an employer that both:
(a) Is a church or a convention or association of churches or an elementary or secondary school that is controlled, operated or principally supported by a church or by a convention or association of churches.
(b) Qualifies as a tax-exempt organization under section 501(c)(3) of the united states internal revenue code.
3. "Reproductive age" means the age range in which an individual is deemed fertile as established by the American society of clinical oncology or the american society for reproductive medicine.
4. "Standard fertility preservation services":
(a) Means:
(i) Oocyte and sperm preservation procedures that are consistent with established medical practices or professional guidelines published by the american society of clinical oncology or the american society for reproductive medicine.
(ii) The storage for at least three years of preserved ovarian tissue, sperm and oocyte.
(b) Includes cryopreservation of any of the following:
(i) Ovarian tissue.
(ii) Sperm.
(iii) oocyte.
Sec. 3. Title 20, chapter 6, article 4, Arizona Revised Statutes, is amended by adding section 20-1376.11, to read:
20-1376.11. Fertility preservation coverage; requirements; religious employer; exemption; definitions
A. A disability insurer that issues, amends or renews a policy on or after January 1, 2027 shall provide coverage for standard fertility preservation services to an insured who is within reproductive age, who is diagnosed with cancer and whose medically necessary treatment may directly or indirectly cause iatrogenic infertility.
B. A disability insurer may not require preauthorization for standard fertility preservation services. A policy may contain provisions for maximum benefits and may require that standard fertility preservation services be subject to the same deductibles, copayments, coinsurance and reasonable limitations and exclusions that are consistent with this section.
C. A religious employer may submit a written request for an exemption from the requirements of this section to a disability insurer, and the disability insurer shall grant the exemption if the coverage required by this section conflicts with the employer's religious beliefs. A religious employer that obtains an exemption shall provide written notice of the exemption to prospective insureds.
D. This section does not prevent an insured from purchasing a supplemental insurance policy that covers standard fertility preservation services at the insured's own expense.
E. For the purposes of this section:
1. "Iatrogenic infertility" means an impairment of fertility that is caused directly or indirectly by surgery, chemotherapy, radiation or other medical treatment that has a potential side effect of impaired fertility as established by the american society of clinical oncology or the american society for reproductive medicine.
2. "Religious employer" means an employer that both:
(a) Is a church or a convention or association of churches or an elementary or secondary school that is controlled, operated or principally supported by a church or by a convention or association of churches.
(b) Qualifies as a tax-exempt organization under section 501(c)(3) of the united states internal revenue code.
3. "Reproductive age" means the age range in which an individual is deemed fertile as established by the American society of clinical oncology or the american society for reproductive medicine.
4. "Standard fertility preservation services":
(a) Means:
(i) Oocyte and sperm preservation procedures that are consistent with established medical practices or professional guidelines published by the american society of clinical oncology or the american society for reproductive medicine.
(ii) The storage for at least three years of preserved ovarian tissue, sperm and oocyte.
(b) Includes cryopreservation of any of the following:
(i) Ovarian tissue.
(ii) Sperm.
(iii) oocyte.
Sec. 4. Title 20, chapter 6, article 5, Arizona Revised Statutes, is amended by adding section 20-1406.11, to read:
20-1406.11. Fertility preservation coverage; requirements; religious employer; exemption; definitions
A. A group or blanket disability insurer that issues, amends or renews a policy on or after January 1, 2027 shall provide coverage for standard fertility preservation services to an insured who is within reproductive age, who is diagnosed with cancer and whose medically necessary treatment may directly or indirectly cause iatrogenic infertility.
B. A group or blanket disability insurer may not require preauthorization for standard fertility preservation services. A policy may contain provisions for maximum benefits and may require that standard fertility preservation services be subject to the same deductibles, copayments, coinsurance and reasonable limitations and exclusions that are consistent with this section.
C. A religious employer may submit a written request for an exemption from the requirements of this section to a group or blanket disability insurer, and the group or blanket disability insurer shall grant the exemption if the coverage required by this section conflicts with the employer's religious beliefs. A religious employer that obtains an exemption shall provide written notice of the exemption to prospective insureds.
D. This section does not prevent an insured from purchasing a supplemental insurance policy that covers standard fertility preservation services at the insured's own expense.
E. For the purposes of this section:
1. "Iatrogenic infertility" means an impairment of fertility that is caused directly or indirectly by surgery, chemotherapy, radiation or other medical treatment that has a potential side effect of impaired fertility as established by the american society of clinical oncology or the american society for reproductive medicine.
2. "Religious employer" means an employer that both:
(a) Is a church or a convention or association of churches or an elementary or secondary school that is controlled, operated or principally supported by a church or by a convention or association of churches.
(b) Qualifies as a tax-exempt organization under section 501(c)(3) of the united states internal revenue code.
3. "Reproductive age" means the age range in which an individual is deemed fertile as established by the American society of clinical oncology or the american society for reproductive medicine.
4. "Standard fertility preservation services":
(a) Means:
(i) Oocyte and sperm preservation procedures that are consistent with established medical practices or professional guidelines published by the american society of clinical oncology or the american society for reproductive medicine.
(ii) The storage for at least three years of preserved ovarian tissue, sperm and oocyte.
(b) Includes cryopreservation of any of the following:
(i) Ovarian tissue.
(ii) Sperm.
(iii) oocyte.