KRS 304.17A-261: Coverage under health benefit plan for oocyte and sperm

preservation services.

(1) As used in this section:

(a) "Health benefit plan" has the same meaning as in KRS 304.17A -005, except

that for purposes of this section, the term includes student health insurance

offered by a Kentucky -licensed insurer under written contract with a

university or college whose students it proposes to insure;

(b) "Iatrogenic infertility" means an impairment of fertility caused by surgery,

radiation, chemotherapy, or any other medical treatment affecting

reproductive organs or processes;

(c) "May directly or indirectly cause" means the treatment has a likely side effect

of infertility as established by the American Society for Reproductive

Medicine, the American Society of Clinical Oncology, or any other reputable

professional medical organization;

(d) "Oocyte and sperm preservation services" means oocyte and sperm

preservation procedures that are consistent with established medical practices

and profes sional guidelines published by the American Society for

Reproductive Medicine, the American Society of Clinical Oncology, or any

other reputable professional medical organization; and

(e) "Religious organization" includes but is not limited to a religious group,

corporation, association, school or educational institution, ministry, order,

society, or similar entity, regardless of whether it is integrated or affiliated

with a church or other house of worship.

(2) Except as provided in subsection (5) of this section, all health benefit plans shall

provide coverage for oocyte and sperm preservation services when a medically

necessary treatment may directly or indirectly cause iatrogenic infertility to an

insured.

(3) The coverage required by subsection (2) of this section:

(a) Shall include:

1. Evaluation expenses;

2. Laboratory assessments; and

3. Medications and treatment associated with oocyte and sperm

cryopreservation procedures, including obtaining, freezing, and storing

gametes for up to one (1) year; and

(b) May:

1. Exclude costs associated with storage of oocytes or sperm after one (1)

year;

2. Include age restrictions in accordance with guidelines set forth by the

American Society for Reproductive Medicine or the American Society

of Clinical Oncology;

3. Include a lifetime limit of one (1) oocyte or sperm cryopreservation

procedure per eligible insured; and

4. Be limited to nonexperimental procedures, as defined by the American

Society for Reproductive Medicine or the American Society of Clinical

Oncology.

(4) Procedures covered by this section shall:

(a) Be performed at a health facility lic ensed or certified in Kentucky or another

state; and

(b) Conform to the guidelines of the American Society for Reproductive

Medicine or the American Society of Clinical Oncology.

(5) This section shall not apply to an employer -sponsored health benefit plan if the

employer is a religious organization.