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Senate Engrossed
health insurance; fertility preservation; coverage |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SENATE BILL 1347 |
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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
A. A hospital service corporation or medical service corporation that issues, amends or renews a subscription contract on or after January 1, 2027 shall provide coverage for standard fertility preservation services to a subscriber who is within reproductive age, who is diagnosed with cancer and whose medically necessary treatment is likely to directly or indirectly cause iatrogenic infertility. Coverage for standard fertility preservation services must include at least three plan years of storage. If a subscriber changes insurance plans during the three-year period, the prior hospital service corporation or the medical service corporation that provided coverage and the new insurer are not responsible for the three plan years of storage.
B. A hospital service corporation or medical service corporation shall process prior authorization requests for standard fertility preservation services as urgent and respond within seventy-two hours on request.
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 medically necessary treatment for cancer, sickle cell disease or lupus.
2. "Religious employer":
(a) Means a nongovernmental plan sponsor or entity that, based on sincerely held religious beliefs, objects to the sponsor or entity establishing, maintaining, providing, offering or arranging for coverage of standard fertility PRESERVATION services.
(b) Includes:
(i) A church, an integrated auxiliary of a church, a convention or association of churches or a religious order.
(ii) A nonprofit organization.
(iii) A closely held for-profit entity.
(iv) A for-profit entity that is not closely held.
(v) Any other nongovernmental employer.
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 plan 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 is likely to directly or indirectly cause iatrogenic infertility. Coverage for standard fertility preservation services must include at least three plan years of storage. If an enrollee changes insurance plans during the three-year period, the prior health care services organization that provided coverage and the new insurer are not responsible for the three plan years of storage.
B. A health care services organization shall process prior authorization requests for standard fertility preservation services as urgent and respond within seventy-two hours on request.
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 a medically necessary treatment for cancer, sickle cell disease or lupus.
2. "Religious employer":
(a) Means a nongovernmental plan sponsor or entity that, based on sincerely held religious beliefs, objects to the sponsor or entity establishing, maintaining, providing, offering or arranging for coverage of standard fertility PRESERVATION services.
(b) Includes:
(i) A church, an integrated auxiliary of a church, a convention or association of churches or a religious order.
(ii) A nonprofit organization.
(iii) A closely held for-profit entity.
(iv) A for-profit entity that is not closely held.
(v) Any other nongovernmental employer.
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 plan 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 is LIKELY to directly or indirectly cause iatrogenic infertility. Coverage for standard fertility preservation services must include at least three plan years of storage. If an insured changes insurance plans during the three-year period, the prior disability insurer that provided coverage and the new insurer are not responsible for the three plan years of storage.
B. A disability insurer shall process prior authorization requests for standard fertility preservation services as urgent and respond within seventy-two hours on request.
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 medically necessary treatment for cancer, sickle cell disease or lupus.
2. "Religious employer":
(a) Means a nongovernmental plan sponsor or entity that, based on sincerely held religious beliefs, objects to the sponsor or entity establishing, maintaining, providing, offering or arranging for coverage of standard fertility PRESERVATION services.
(b) Includes:
(i) A church, an integrated auxiliary of a church, a convention or association of churches or a religious order.
(ii) A nonprofit organization.
(iii) A closely held for-profit entity.
(iv) A for-profit entity that is not closely held.
(v) Any other nongovernmental employer.
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 plan 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 is likely to directly or indirectly cause iatrogenic infertility. Coverage for standard fertility preservation services must include at least three plan years of storage. If an insured changes insurance plans during the three-year period, the prior group or blanket disability insurer that provided coverage and the new insurer are not responsible for the three plan years of storage.
B. A group or blanket disability insurer shall process prior authorization requests for standard fertility preservation services as urgent and respond within seventy-two hours on request.
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 medically necessary treatment for cancer, sickle cell disease or lupus.
2. "Religious employer":
(a) Means a nongovernmental plan sponsor or entity that, based on sincerely held religious beliefs, objects to the sponsor or entity establishing, maintaining, providing, offering or arranging for coverage of standard fertility PRESERVATION services.
(b) Includes:
(i) A church, an integrated auxiliary of a church, a convention or association of churches or a religious order.
(ii) A nonprofit organization.
(iii) A closely held for-profit entity.
(iv) A for-profit entity that is not closely held.
(v) Any other nongovernmental employer.
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 plan years of preserved ovarian tissue, sperm and oocyte.
(b) Includes cryopreservation of any of the following:
(i) Ovarian tissue.
(ii) Sperm.
(iii) oocyte.
Sec. 5. Effective date
This act is effective from and after December 31, 2027.