Antega United States
Fertility treatment, insurance and law in New York
New York requires large-group insured plans to cover IVF, and requires large-, small-group and individual plans to cover standard fertility-preservation services where treatment may cause iatrogenic infertility. Diagnostic testing and some treatment are also covered under the wider infertility requirements.
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
New York requires large-group insured plans to cover IVF, and requires large-, small-group and individual plans to cover standard fertility-preservation services where treatment may cause iatrogenic infertility. Diagnostic testing and some treatment are also covered under the wider infertility requirements.
Private-insurance requirement: Required to be covered
New York requires large-group insured plans to cover IVF, and requires large-, small-group and individual plans to cover standard fertility-preservation services where treatment may cause iatrogenic infertility. Diagnostic testing and some treatment are also covered under the wider infertility requirements.
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
Not established in the sources reviewed
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 New York requirement — a common surprise for people working for large national employers based in New York.
- The IVF requirement is directed at large-group insured plans, not small-group or individual plans
- Preservation cover applies more widely than the IVF requirement
- Clinical criteria and prior authorisation apply
4. Important exclusions and limitations
Cycle or lifetime limits: A limited number of IVF cycles applies to the large-group benefit. Confirm the current figure with your insurer in writing.
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: Statutory framework permitting and regulating gestational surrogacy
The New York Child-Parent Security Act (in force since 2021) permits and regulates compensated gestational surrogacy, includes a Surrogates' Bill of Rights and sets eligibility and agreement requirements.
Parentage: A judgment of parentage is available for compliant agreements, and can generally be obtained before birth.
LGBTQ+ family building: The Child-Parent Security Act was designed to give intended parents, including LGBTQ+ parents, a clear route to legal parentage.
9. Sources and last reviewed date
New York requires large-group insured plans to cover IVF, and requires large-, small-group and individual plans to cover standard fertility-preservation services where treatment may cause iatrogenic infertility. Diagnostic testing and some treatment are also covered under the wider infertility requirements.
Sources
- New York infertility insurance law summaryASRM / RESOLVE (ReproductiveFacts) · checked 2026-09-08
- Fertility coverage information for consumersNew York State Department of Financial Services · 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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