§36-6060.8b. Coverage for fertility preservation services —
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/ok/title-36-insurance/36-6060-8b·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. Added by Laws 2024, c. 349, § 2, eff. Jan. 1, 2025.