Maryland same-sex couples who wanted to take advantage of a state law that requires insurers to cover pricey in vitro fertilization treatments used to face insurmountable obstacles. The law generally mandated that couples demonstrate a history of infertility of at least two years鈥 duration, and insurers often interpreted that to mean听having intercourse during that time without conceiving. What鈥檚 more, by law, coverage would be permitted only for infertility treatments that听used the husband鈥檚 sperm.
This month, however, those restrictions were eliminated for married same-sex couples under a new law.听It also prohibits insurers 鈥 when they cover other types of fertility treatments — from applying those conditions to same-sex couples.听 doesn鈥檛 change the IVF coverage rules for married, heterosexual couples.
Maryland听requires insurers to cover only in vitro fertilization, not other forms of infertility treatment. The procedure听involves fertilizing an egg with sperm outside the woman鈥檚 body and then implanting it in her uterus.
鈥淲e were not seeking to change the scope of the mandate,鈥 says Jer Welter, deputy director and managing attorney at听, which provides free legal assistance to Maryland鈥檚 lesbian, gay, bisexual and transgender community. 鈥淲hat we were interested in was parity and equality. If married opposite-sex couples were entitled to the benefit, married same-sex married couples should be entitled to it as well.鈥
by large margins. Republican Gov. Larry Hogan allowed the bill to become law without his signature in June.
Currently, 15 states require some sort of coverage for infertility treatment. However, just eight states mandate coverage of听IVF treatment, according to , an infertility advocacy group. Maryland鈥檚 old law was among the most restrictive, but other states may also need to revise their laws to ensure equality for same-sex and opposite-sex couples, says Barbara Collura, president and CEO of Resolve.
Now that the Supreme Court has made marriage equality a reality for same-sex couples, 鈥済etting family-building equality is the next frontier,鈥 Collura says.
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