MEMORANDUM IN OPPOSITION for Immediate Release: June 14, 2017
S.3148-A/A.2646-A-AN ACT to amend the insurance law, in relation to insurance civerage of in vitro fertilization and other fertility preservation treatments.
This legislation, S.3148-A/A.2646-A, would mandate health plans provide coverage of in vitro
fertilization (IVF). The New York Health Plan Association (HPA) opposes this legislation because health insurance mandates result in increased costs and increased premiums at a time we are seeking affordability.
The bill mandates coverage of IVF procedures as a new coverage benefit. New York, in compliance with the Affordable Care Act (ACA), is required to cover ten Essential Health Benefits (EHBs). Addition of IVF would be an eleventh EHB. Federal law requires any state that adds coverage benefits above the ten EHBs to pay for such additional services with state funds. No appropriation is included in this legislation, nor is there any language to make clear that the families and small business premium payers are exempt from this coverage cost in compliance with the ACA.
In 2007, the New York State Health Care Quality and Cost Containment Commission was established to analyze the impact any proposed mandate would have on health insurance costs and quality of care. This analysis would look at current plan practices with regard to the benefit, review medical literature related to the potential impact on health care quality, and assess the possible premium impact of the proposed mandated benefits as well as the potential for avoided costs through early detection and treatment of conditions or more cost-effective delivery of medical services. At this time, not all of the appointees to the commission have been submitted, and the as part of the 2017-2018 budget process the Executive line item vetoed the funding for commission. Before any new health insurance mandate proposals are considered, including this one, the Health Care Quality and Cost Containment Commission must be constituted and funded.
At a time when many New Yorkers are struggling to afford the health insurance coverage they have, and with potential new federal health care reform that will impact how New Yorkers access their coverage, this bill is ill advised. We urge you to say no to S.3149-A/A.2646-A.