Bloomberg Law
May 17, 2022, 9:35 AM

LGBTQ Couples’ IVF Hopes Hinge on New Infertility Definition

Shira Stein
Shira Stein

The Biden administration is considering a requirement that some health plans cover fertility treatment for policyholders regardless of their sexual orientation or gender identity.

The administration could use a pending update under the Affordable Care Act to address the definition of infertility often used by insurance plans to determine eligibility for in-vitro fertilization—a definition that is impossible for some LGBTQ individuals to meet.

Changes would apply to Obamacare plans and some group health plans after going through a notice-and-comment process, but could have wider national implications amid an emerging debate about what it means to be infertile.

“This is just ...

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