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New Jersey updates Infertility Law

New Jersey fertility coverage mandate expanded: Princeton IVF

Governor Christie signs updated NJ fertility mandate

At least in the past, New Jersey has had among the most generous insurance coverage for infertility treatment in the US. The legal mandate for this, the New Jersey Family Building Act, passed over a decade and a half ago, required NJ employers with certain exemptions, to cover fertility treatment up to and including IUI and IVF.

Unfortunately, changes in the health care system, such the Affordable Care Act (Obamacare) have affected coverage. Fortunately, New Jersey state employees and most NJ teachers continue to be covered under the mandate. There are some gaps in this coverage, particularly for single women and those in single sex/lesbian relationships.

With an act of the NJ state legislature and the signature of Governor Christie, that has changed. The infertility mandate has been updated to reflect the new ASRM definition of infertility and includes the following:

  • A male is unable to impregnate a female;
  • A female with a male partner and under 35 years of age is unable to conceive after 12 months of unprotected sexual intercourse;
  • A female with a male partner and 35 years of age and over is unable to conceive after 6 months of unprotected sexual intercourse;
  • A female without a male partner and under 35 years of age who is unable to conceive after 12 failed attempts of IUI (intrauterine insemination) under medical supervision;
  • A female without a male partner and over 35 years of age who is unable to conceive after 6 failed attempts of IUI under medical supervision;
  • Partners are unable to conceive as a result of involuntary medical sterility;
  • A person is unable to carry a pregnancy to live birth; or
  • A previous determination of infertility pursuant to the law.

This update in coverage becomes effective in August 2017 and only applies to New Jersey state employee and teacher plans.

At Princeton IVF, we participate in the affected New Jersey State Health Benefits Program and School Employees Health Benefits Plan that are affected by these new rules, including NJ Direct  from Horizon Blue Cross Blue Shield and Aetna for NJ state employees.