What to know about Maine’s new fertility treatment insurance mandate

On May 2, 2022, Governor Janet Mills signed L.D. 1539, “An Act to Provide Access to Fertility Care,” which affirms that all individuals should have affordable access to fertility medical care and can pursue their dreams of building families. EqualityMaine and many others advocated for this legislation, and the law officially took effect on January 1, 2024. 

Here are some key things to know about this critical requirement that insurers cover fertility care in a manner that supports all Maine people in building their families:

• The law improves access to fertility care for all Mainers hoping to grow their families, including LGBTQ+ people, couples with infertility, cancer survivors, and others. Carriers can’t discriminate against anyone protected by the Maine Human Rights Act (such as discriminating on the basis of sexual orientation, gender identity or expression, or family composition, including single parents).
  
• The law requires insurance to provide coverage for three separate segments of fertility care: Fertility Diagnostic Care, Fertility Treatment, and Fertility Preservation. However, the extent of the coverage isn’t defined, so you should talk with your insurance provider to learn more about how much they will cover.
  
• If your health insurance is through your job and you want to find out if you are covered by the state law, check out these questions to ask your employer from The National Infertility Association.
  
• To learn more about the circumstances in which the Fertility Act requires health insurance carriers in Maine to cover fertility care for individuals seeking to become single parents and LGBTQ+ couples seeking to have children, read Bulletin 476 from the Maine Bureau of Insurance.