2
3
4
5
6 Cosponsor:
7 Rosemary T. Lesser
8
9 LONG TITLE
10 General Description:
11 This bill expands Medicaid coverage for fertility preservation and criminalizes
12 improper conduct related to fertility treatment.
13 Highlighted Provisions:
14 This bill:
15 ▸ defines terms;
16 ▸ requires the department to apply for a Medicaid waiver or state plan amendment
17 with the Centers for Medicare and Medicaid Services to provide coverage for
18 fertility preservation treatments for an individual diagnosed with cancer or other
19 disease;
20 ▸ imposes a reporting requirement; and
21 ▸ establishes a criminal penalty for a health care provider that:
22 • provides "assisted reproductive treatment" to a patient; and
23 • uses the health care provider's own gamete without the written consent of the
24 patient.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 26-18-420.1, Utah Code Annotated 1953
32 76-07-401, Utah Code Annotated 1953
33 76-07-402, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 26-18-420.1 is enacted to read:
37 26-18-420.1. Medicaid waiver for fertility preservation services.
38 (1) As used in this section:
39 (a) "Iatrogenic infertility" means an impairment of fertility or reproductive functioning
40 caused by surgery, chemotherapy, radiation, or other medical treatment.
41 (b) "Physician" means an individual licensed to practice under Title 58, Chapter 67,
42 Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
43 (c) "Qualified enrollee" means an individual who:
44 (i) is enrolled in the Medicaid program;
45 (ii) has been diagnosed with a form of cancer by a physician; and
46 (iii) needs treatment for that cancer that may cause a substantial risk of sterility or
47 iatrogenic infertility, including surgery, radiation, or chemotherapy.
48 (d) "Standard fertility preservation service" means a fertility preservation procedure
49 and service that:
50 (i) is not considered experimental or investigational by the American Society for
51 Reproductive Medicine or the American Society of Clinical Oncology; and
52 (ii) is consistent with established medical practices or professional guidelines
53 published by the American Society for Reproductive Medicine or the American Society of
54 Clinical Oncology, including:
55 (A) sperm banking;
56 (B) oocyte banking;
57 (C) embryo banking;
58 (D) banking of reproductive tissues; and
59 (E) storage of reproductive cells and tissues.
60 (2) Before January 1, 2022, the department shall apply for a Medicaid waiver or a state
61 plan amendment with CMS to implement the coverage described in Subsection (3).
62 (3) If the waiver or state plan amendment described in Subsection (2) is approved, the
63 Medicaid program shall provide coverage to a qualified enrollee for standard fertility
64 preservation services.
65 (4) The Medicaid program may not provide the coverage described in Subsection (3)
66 before the later of:
67 (a) the day on which the waiver described in Subsection (2) is approved; and
68 (b) January 1, 2023.
69 (5) Before November 1, 2023, and before November 1 of each third year after 2023,
70 the department shall:
71 (a) calculate the change in state spending attributable to the coverage described in this
72 section; and
73 (b) report the amount described in Subsection (5)(a) to the Health and Human Services
74 Interim Committee and the Social Services Appropriations Subcommittee.
75 Section 2. Section 76-07-401 is enacted to read:
76
77 76-07-401. Definitions.
78 As used in this part:
79 (1) "Assisted reproductive treatment" means a method of causing pregnancy by any
80 means other than through sexual intercourse, including:
81 (a) intrauterine or intracervical insemination;
82 (b) donation of eggs or sperm;
83 (c) donation of embryos;
84 (d) in vitro fertilization and embryo transfer; and
85 (e) intracytoplasmic sperm injection.
86 (2) "Gamete" means a cell containing a haploid complement of DNA that has the
87 potential to form an embryo when combined with another gamete, including:
88 (a) a sperm;
89 (b) an egg; or
90 (c) nuclear DNA from one individual combined with the:
91 (i) cytoplasm of another individual; or
92 (ii) cytoplasmic DNA of another individual.
93 (3) "Health care provider" means an individual listed in Subsection 78B-3-403(12).
94 Section 3. Section 76-07-402 is enacted to read:
95 76-07-402. Genetic material misuse.
96 (1) A health care provider may not knowingly use the health care provider's own
97 gamete, when providing assisted reproductive treatment to a patient, without the patient's
98 written consent.
99 (2) A health care provider who violates Subsection (1) is guilty of a third degree
100 felony.