On June 30, 2018, the DE Governor signed Senate Bill 139 into law. SB139 is a historic bill that requires health insurance offered in DE to provide infertility treatment coverage. Unfortunately, companies who are self-insured are exempt from the bill; however, many employers are offering infertility benefits even when not required by law.
On August 1, 2019 the State of Delaware expanded its employee benefits. Please contact Patient Accounts (302)738-4600 x19 with any questions on how this expansion allows for additional infertility care
- Infertility means a disease or condition that results in impaired function of the reproductive system whereby an individual is unable to procreate or to carry a pregnancy to live birth.
- Iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment.
- Such benefits must be provided to covered individuals, including covered spouses and covered non spouse dependents, to the same extent as other pregnancy-related benefits.
- Covered individual has not been able to obtain a successful pregnancy through reasonable effort with less costly infertility treatments covered by the policy, contract, or certificate, except as follows:
- No more than 3 treatment cycles of ovulation induction or intrauterine inseminations may be required before IVF services are covered.
- If IVF is medically necessary, no cycles of ovulation induction or intrauterine inseminations may be required before IVF services are covered.
- For IVF services, retrievals are completed before the individual is 45 years old and transfers are completed before the individual is 50 years old.