§431:10A-116.5  In vitro fertilization
procedure coverage.  (a)  All individual and group accident and health or
sickness insurance policies which provide pregnancy-related benefits shall
include in addition to any other benefits for treating infertility, a one-time
only benefit for all outpatient expenses arising from in vitro fertilization
procedures performed on the insured or the insured's dependent spouse; provided
that:



(1)  Benefits under this section shall be provided to
the same extent as the benefits provided for other pregnancy-related benefits;



(2)  The patient is the insured or covered dependent
of the insured;



(3)  The patient's oocytes are fertilized with the
patient's spouse's sperm;



(4)  The:



(A)  Patient and the patient's spouse have a history
of infertility of at least five years' duration; or



(B)  Infertility is associated with one or more
of the following medical conditions:



(i)  Endometriosis;



(ii)  Exposure in utero to diethylstilbestrol,
commonly known as DES;



(iii)  Blockage of, or surgical removal of, one or
both fallopian tubes (lateral or bilateral salpingectomy); or



(iv)  Abnormal male factors contributing to the
infertility;



(5)  The patient has been unable to attain a
successful pregnancy through other applicable infertility treatments for which
coverage is available under the insurance contract; and



(6)  The in vitro fertilization procedures are
performed at medical facilities that conform to the American College of
Obstetric and Gynecology guidelines for in vitro fertilization clinics or to
the American Society for Reproductive Medicine minimal standards for programs
of in vitro fertilization.



(b)  For the purposes of this section, the term
"spouse" means a person who is lawfully married to the patient under
the laws of the State.



(c)  The requirements of this section shall
apply to all new policies delivered or issued for delivery in this State after
June 26, 1987. [L 1987, c 332, §1 and L 1989, c 276, §4; am L 2003, c 212, §72]