Understanding New York Infertility Insurance Requirements

New York State has some of the most comprehensive fertility insurance protections in the U.S. Many patients benefit from mandated coverage for diagnostic testing, medically necessary fertility preservation, IUI,  and sometimes IVF treatment, depending on their employer group size.

Mandated Coverage for Diagnostic Testing

Under NY Insurance Law Sections 3216 and 3221, state-regulated group health plans must cover a wide range of diagnostic services used to evaluate infertility, including:

  • Hysterosalpingogram (HSG)
  • Hysteroscopy
  • Endometrial biopsy
  • Laparoscopy
  • Sonohysterography (SIS/sono-hysterogram)
  • Post-coital testing
  • Testicular biopsy
  • Semen analysis
  • Blood tests
  • Ultrasound
 

These diagnostic procedures cannot be excluded simply because infertility is involved.

Definition of Infertility Under New York Law

New York defines infertility as:

  • 12 months of regular, unprotected intercourse or therapeutic donor insemination, OR
  • 6 months for individuals 35 or older
 

Coverage may apply earlier if medical history or clinical findings suggest testing or treatment is medically necessary.

IVF Coverage Requirements in New York

New York mandates IVF coverage only for large-group insurance plans (employers with 100+ employees). These plans must cover:

  • Up to 3 IVF cycles (fresh or frozen embryo transfer)
 

Important notes:

  • Individual and small-group plans are not required to cover IVF
  • Employers that self-insure are exempt from state mandates and may offer different infertility benefits

Mandated Coverage for Medically Necessary Fertility Preservation

All commercial insurance markets in New York—including individual, small group, and large group plans—must cover fertility preservation for iatrogenic infertility, including:

 

Standard fertility preservation procedures are covered, even though they are not specifically defined in the statute.

Non-Discrimination Protections

New York prohibits insurance discrimination based on:

 

This ensures inclusive access to fertility testing and treatment for individuals and families using donor sperm, donor eggs, gestational carriers, or nontraditional paths to parenthood.

Important Exceptions

New York insurance law does not require coverage for:

  • IVF in individual or small-group plans
  • GIFT or ZIFT
  • Reversal of elective sterilization
  • Experimental procedures
  • Some gender-affirming procedures when categorized separately by an employer’s plan
 

Any treatment under a self-insured employer, unless voluntarily covered

New York locations

CCRM Fertility of New York

810 7th Ave., 21st Floor
New York, NY 10019

Phone: (212) 290-8100
Fax: (212) 239-6500

Hours

Monday – Friday: 7am-5pm

Weekends & Holidays: 8am-11am

CCRM Fertility | IRMS – Staten Island

1441 South Ave., Suite 201
Staten Island, ny 10311

Phone: (718) 697-0255
Fax: (718) 521-6151

Hours

Monday – Friday: 8:30am-4:30pm

Evening Hours Available By Request