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House of Representatives
Session of 2021 - 2022 Regular Session


Posted: April 19, 2021 06:38 AM
From: Representative Steven R. Malagari and Rep. Jennifer O'Mara, Rep. Sara Innamorato
To: All House members
Subject: Ensuring Insurance Coverage for Infertility for All Pennsylvanians
The right to procreate, and by extension the right to infertility services, is rooted in firm moral grounds that every human has the freedom to start a family. The American Society for Reproductive Medicine defines infertility as a disease that impairs a person’s capacity to reproduce either as an individual or with a partner.

Approximately 12% of U.S. women 15–44 years of age have difficulty getting or staying pregnant, meaning one in eight women will face medical challenges in having children. Infertility affects men and women equally. One-third of infertility cases are caused by male reproductive issues, one-third by female reproductive issues, and one-third by both male and female reproductive issues or by unknown factors. In addition to heterosexual couples, other populations may require medical assistance to have children. Without insurance coverage for infertility treatment, all groups face significant barriers to family building.

While there are several forms of fertility assistance, many services are out of reach for most people due to cost. Average costs for successful infertility treatments ranges from $18,433 to $85,563. As such, insurance coverage for infertility services is a fundamental requirement to nurturing families and communities in Pennsylvania.

Unfortunately, insurance laws protecting a person’s right to procreate are non-existent in Pennsylvania. This disheartening circumstance is made worse by the fact that every single one of our border states has an infertility insurance coverage mandate. The lack of an insurance mandate for infertility services means that the right to build a family in the face of infertility appears to have become a function of economic prowess, reserved only for those who can afford it. This reality is socially unjust and incompatible with Pennsylvania’s strong community values.

To address this unjust reality, we are introducing legislation requiring insurance coverage for infertility services. Data collected in the United States and other developed nations with comprehensive access and coverage for infertility services shows that costs associated with expanded access are nominal and offset when more people get covered.

The ability to start and cherish a family is a foundational element for strong communities and provides future generations with a pathway to fulfill their potential. We hope you are encouraged to join this small measure to protect the rights of Pennsylvanians to raise loving families.

Introduced as HB2142