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 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 (ref:dictionary.com).

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,you will find companies,such as Gillette,who are self-insured and still provide infertility treatment benefits because they understand it’s “the right thing to do”.

Click here to see a list of such companies.

If your company does not provide coverage, we provide information and resources to help you approach your employers: Talking to Employers