Understanding State Mandates
- State Mandate:any state initiated constitutional, statutory or executive action that requires a local government to establish, expand, or modify its activities in such a way as to necessitate additional expenditures from local revenues, excluding any order issued by a state court and any legislation necessary to comply with a federal mandate.
- Mandate to Offer: insurers must offer infertility benefits to the employers, but employers choose whether to add this benefit to their plan.
- Mandate to Cover: requires both insurers and employers to provide infertility treatment benefits. Some states offer coverage with specified exemptions (e.g. religious organizations, businesses with fewer than 25 employees, etc.).
- Self-Insured:company uses their own property or interests against possible loss by establishing a special fund for the purpose instead of seeking coverage with an underwriter.
Only 15 states have some form of mandated infertility treatment benefits. Self-insured companies are exempt from state mandates by the Employee Retirement Income Security Act; however, there are some companies, such as Gillette, that are self-insured and still provide infertility treatment benefits because they understand it’s “the right thing to do”.
If your company does not provide coverage, we provide information and resources to help you approach your employers.