Antega United States
Fertility treatment, insurance and law in Massachusetts
Massachusetts has a long-standing infertility benefits requirement, set out in statute and in regulation 211 CMR 37.00, covering infertility diagnosis and treatment together with prescription medicines. Fertility-preservation benefits were expanded by Chapter 140 of the Acts of 2024.
1. What applies now
The position in force on the review date below. Anything scheduled for the future is kept separate.
Broad infertility or IVF requirement in force
Massachusetts has a long-standing infertility benefits requirement, set out in statute and in regulation 211 CMR 37.00, covering infertility diagnosis and treatment together with prescription medicines. Fertility-preservation benefits were expanded by Chapter 140 of the Acts of 2024.
Private-insurance requirement: Required to be covered
Massachusetts has a long-standing infertility benefits requirement, set out in statute and in regulation 211 CMR 37.00, covering infertility diagnosis and treatment together with prescription medicines. Fertility-preservation benefits were expanded by Chapter 140 of the Acts of 2024.
State requirements do not necessarily apply to every health plan. Self-funded employer plans, federal plans and certain exempt employers may follow different rules. Check your plan documents or insurer for your individual coverage.
2. What fertility services may be covered
IVF
Required to be covered
IUI
Not established in the sources reviewed
Fertility preservation
Required to be covered
Fertility medicines
Covered in specified circumstances
Prescription medicines used in covered infertility treatment fall within the regulation, which is unusual and worth checking against your own formulary.
Diagnosis and testing
Required to be covered
3. Who the rule applies to
Employer size rules: Not identified in the sources reviewed.
Religious or conscience exemptions: Not identified in the sources reviewed.
Self-funded employer plans (ERISA): Self-funded employer plans are governed principally by federal ERISA rules and are generally outside the Massachusetts requirement.
- The regulation sets out which limitations an insurer may and may not apply
- Utilisation review and prior authorisation are permitted
- Certain restrictive conditions, including some based on marital status, are not permitted
4. Important exclusions and limitations
Medicines: Prescription medicines used in covered infertility treatment fall within the regulation, which is unusual and worth checking against your own formulary.
5. Medicaid
Not established in the sources reviewed
No Medicaid infertility benefit was identified in the sources reviewed. Medicaid is a public programme and is separate from commercial insurance.
6. Public and state-employee plans
Not established in the sources reviewed
No distinct public-employee fertility benefit was identified. A public-employee benefit, where one exists, is not a statewide private-insurance requirement.
7. Future changes already enacted
Law that has been passed but is not yet in force. It does not affect cover today.
No enacted law with a future effective date was identified.
8. Recent legislation that did not become law or remains pending
Proposals are never a guide to your current cover.
No pending, failed or expired fertility bills were recorded for this jurisdiction in this review.
Surrogacy, parentage and donor conception
Gestational surrogacy: Permitted in practice, legal framework limited or complex
Massachusetts does not have a dedicated surrogacy-contract statute. Practice is built on case law, now alongside the Massachusetts Parentage Act (Chapter 166 of the Acts of 2024), which modernised parentage recognition for assisted reproduction.
Parentage: Courts commonly grant pre-birth parentage judgments, and the 2024 Act supports access to parentage judgments regardless of marital status or genetic connection.
LGBTQ+ family building: The 2024 Parentage Act was designed to make parentage recognition equal for families formed through assisted reproduction.
9. Sources and last reviewed date
Massachusetts has a long-standing infertility benefits requirement, set out in statute and in regulation 211 CMR 37.00, covering infertility diagnosis and treatment together with prescription medicines. Fertility-preservation benefits were expanded by Chapter 140 of the Acts of 2024.
Sources
- 211 CMR 37.00, infertility benefitsMassachusetts Division of Insurance · checked 2026-09-08
- Filing Guidance Notice 2025-C, fertility preservationMassachusetts Division of Insurance · checked 2026-09-08
- Acts of 2024, Chapter 166 (Parentage Act)Massachusetts Legislature · checked 2026-09-08
Last reviewed by the Antega editorial team: 2026-09-08.
This is general information about state rules, not legal or insurance advice, and it is not a guarantee of cover. Laws, mandates and plan rules change. Always confirm your own position with your insurer or plan administrator in writing, and take advice from a licensed attorney in your state before making legal arrangements.
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