Maryland was the first state in the United States to enact infertility insurance legislation and was the third state that covered fertility preservation prior to cancer treatment. Recently, on January 1, 2021, Maryland’s fertility laws expanding IVF coverage went into effect increasing access to care for those seeking infertility treatment. Specifically, Maryland insurance law, Md. Code Ann., Ins. § 15-810(d)(4) addressees the equity issue where marriage is no longer a requirement to have access to IVF coverage though insurance. Additionally, Md. Code Ann., Ins. § 15-810(d) also decreases the time any woman must try and fail to conceive by other methods before insurance must cover infertility treatment, thereby reducing the “waiting period” requirement from two years to one year.
Under these laws, for those that are faced with the disease of infertility, which is a medical health issue, it will now be easier for both married and unmarried patients in Maryland to qualify for IVF benefits by reducing the length of time they must be considered involuntarily infertile from two years to one.
How Frier Levitt Can Help
Providers, including fertility clinics and pharmacies that provide specialized fertility care, should be aware of the effect of this expansion of IVF coverage services for its patients. These laws provide additional opportunities for providers to better serve their patients, and for their patients to better afford their medications. At the same time, they also create new compliance issues around insurance versus “cash” lines of business. To better understand your rights and responsibilities, contact us today to speak to an attorney.
