Okla. Stat. tit. 36, § 36-6060.8b: Coverage for fertility preservation services —

Iatrogenic infertility.

A. As used in this section:

1. “Health benefit plan” means a health benefit plan as defined

pursuant to Section 6060.4 of Title 36 of the Oklahoma Statutes;

2. “Iatrogenic infertility” means an impairment of fertility

caused directly or indirectly by surgery, chemotherapy, radiation,

or other medical treatment with a potential side effect of impaired

fertility as established by the American Society of Clinical

Oncology or the American Society for Reproductive Medicine;

3. “Religious employer” means an employer that is a church,

convention or association of churches, or an elementary or secondary

school that is controlled, operated, or principally supported by a

church or a convention or association of churches as defined

pursuant to Section 3121(w)(3)(A) of the Internal Revenue Code and

that qualifies as a tax-exempt organization under Section 501(c)(3)

of the Internal Revenue Code;

4. “Reproductive age” means the age range in which an

individual is deemed fertile as established by the American Society

of Clinical Oncology and/or the American Society for Reproductive

Medicine; and

5. “Standard fertility preservation services” means oocyte and

sperm preservation procedures, including ovarian tissue, sperm, and

oocyte cryopreservation, that are consistent with established

medical practices or professional guidelines published by the

American Society of Clinical Oncology or the American Society for

Reproductive Medicine; provided, however, standard fertility

preservation services shall not include storage.

B. 1. Any health benefit plan, including the Oklahoma

Employees Insurance Plan, that is offered, issued, or renewed on and

after the effective date of this act shall provide coverage for

standard fertility preservation services, only for individuals

diagnosed with cancer and who are within reproductive age, when a

medically necessary treatment may directly or indirectly cause

iatrogenic infertility.

2. A health benefit plan shall not require preauthorization for

coverage of standard fertility preservation services; however, a

health benefit plan may contain provisions for maximum benefits and

may subject the covered service to the same deductible, copayment,

coinsurance, and reasonable limitations and exclusions to the extent

that these applications are not inconsistent with the provisions of

this section.

C. 1. A religious employer may submit a written request for

exemption to a carrier of a health benefit plan, and such carrier

shall grant the exemption if the coverage required by this section

conflicts with the religious employer’s bona fide religious beliefs

and practices. A religious employer that obtains an exemption

pursuant to this subsection shall provide prospective enrollees of

its health benefit plan with written notice of the exemption.

2. Nothing in this subsection shall prohibit an enrollee of a

health benefit plan provided by his or her religious employer from

purchasing, at his or her own expense, a supplemental insurance

policy that covers standard fertility preservation services.