New Hampshire has a Fertility Insurance Law. It passed in August 2019 and took effect on January 1, 2020.

Summary

RSA 417-G provides group insurance coverage for:

• Infertility diagnostics
• Fertility treatment
• Fertility preservation

Legal Definition of Infertility

The Act defines infertility as “a disease, caused by an illness, injury, underlying disease, or condition, where an individual’s ability to become pregnant or to carry a pregnancy to live birth is impaired, or where an individual’s ability to cause pregnancy and live birth in the individual’s partner is impaired”.

Limits

Coverage is not required for experimental fertility procedures, non-medical costs related to third-party reproduction, and reversal of voluntary sterilization. Any limitations on coverage shall be based on clinical guidelines and the enrollee’s medical history, NOT based on arbitrary factors including, but not limited to, number of attempts, dollar amount, or age.

Exemptions

Individual plans and employers who self-insured are not included in the New Hampshire insurance mandate.

For more information about the New Hampshire Statute, please consult RSA 417-G.