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AB610-SSA1,2,63 (a) “Assisted reproductive technology” means any procreative procedure that
4involves the handling of human eggs or embryos. “Assisted reproductive technology”
5includes in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian
6transfer, pronuclear stage transfer, and tubal embryo transfer.
AB610-SSA1,2,77 (b) “Health care provider” has the meaning given in s. 146.81 (1).
AB610-SSA1,3,2 8(2) Any individual in this state may access any assisted reproductive
9technology without prohibition or unreasonable limitation or interference, and a
10health care provider has a corresponding right to provide assisted reproductive

1technology services and information or advice related to assisted reproductive
2technologies.
AB610-SSA1,3,3 3(3) Section 940.04 does not apply to any of the following:
AB610-SSA1,3,44 (a) The receipt or provision of assisted reproductive technology services.
AB610-SSA1,3,65 (b) Any promotion, encouragement, or counseling in favor of assisted
6reproductive technology.
AB610-SSA1,3,87 (c) Any referral for assisted reproductive technology either directly or through
8an intermediary.
AB610-SSA1,2 9Section 2 . 609.74 of the statutes is created to read:
AB610-SSA1,3,11 10609.74 Coverage of infertility services. Defined network plans and
11preferred provider plans are subject to s. 632.895 (15m).
AB610-SSA1,3 12Section 3 . 632.895 (15m) of the statutes is created to read:
AB610-SSA1,3,1313 632.895 (15m) Coverage of infertility services. (a) In this subsection:
AB610-SSA1,3,1914 1. “Diagnosis of and treatment for infertility” means any recommended
15procedure or medication at the direction of a physician that is consistent with
16established, published, or approved medical practices or professional guidelines
17from the American College of Obstetricians and Gynecologists, or its successor
18organization, or the American Society for Reproductive Medicine, or its successor
19organization.
AB610-SSA1,3,2120 2. “Infertility” means a disease, condition, or status characterized by any of the
21following:
AB610-SSA1,4,222 a. The failure to establish a pregnancy or carry a pregnancy to a live birth after
23regular, unprotected sexual intercourse for, if the woman is under 35 years of age,
24no longer than 12 months or, if the woman is 35 years of age or older, no longer than

16 months including any time during those 12 months or 6 months that the woman
2has a pregnancy that results in a miscarriage.
AB610-SSA1,4,43 b. An individual's inability to reproduce either as a single individual or with
4a partner without medical intervention.
AB610-SSA1,4,65 c. A physician's findings based on a patient's medical, sexual, and reproductive
6history, age, physical findings, or diagnostic testing.
AB610-SSA1,4,87 3. “Self-insured health plan" means a self-insured health plan of the state or
8a county, city, village, town, or school district.
AB610-SSA1,4,159 4. “Standard fertility preservation service” means a procedure that is
10consistent with established medical practices or professional guidelines published
11by the American Society for Reproductive Medicine, or its successor organization, or
12the American Society of Clinical Oncology, or its successor organization, for an
13individual who has a medical condition or is expected to undergo medication therapy,
14surgery, radiation, chemotherapy, or other medical treatment that is recognized by
15medical professionals to cause a risk of impairment to fertility.
AB610-SSA1,4,2216 (b) Subject to pars. (c) to (e), every disability insurance policy and self-insured
17health plan that provides coverage for medical or hospital expenses shall cover
18diagnosis of and treatment for infertility and standard fertility preservation
19services. Coverage required under this paragraph includes at least 4 completed
20oocyte retrievals with unlimited embryo transfers in accordance with the guidelines
21of the American Society for Reproductive Medicine or its successor organization, and
22single embryo transfer may be used when recommended and medically appropriate.
AB610-SSA1,4,2423 (c) 1. A disability insurance policy or self-insured health plan may not do any
24of the following:
AB610-SSA1,5,3
1a. Impose any exclusion, limitation, or other restriction on coverage required
2under par. (b) on the basis of a covered individual's participation in fertility services
3provided by or to a 3rd party.
AB610-SSA1,5,64 b. Impose any exclusion, limitation, or other restriction on coverage required
5under par. (b) of medications that is different from that imposed on any other
6prescription medications covered under the policy or plan.
AB610-SSA1,5,127 c. Impose any exclusion, limitation, cost-sharing requirement, benefit
8maximum, waiting period, or other restriction on coverage required under par. (b) of
9diagnosis of and treatment for infertility and standard fertility preservation services
10that is different from an exclusion, limitation, cost-sharing requirement, benefit
11maximum, waiting period, or other restriction imposed on benefits for services that
12are covered by the policy or plan and that are not related to infertility.
AB610-SSA1,5,1613 2. A disability insurance policy or self-insured health plan shall provide
14coverage required under par. (b) to any covered individual under the policy or plan,
15including any covered spouse and nonspouse dependent, to the same extent as other
16pregnancy-related benefits covered under the policy or plan.
AB610-SSA1,5,2217 (d) The commissioner, after consulting with the department of health services
18on appropriate treatment for infertility, shall promulgate any rules necessary to
19implement this subsection. Before the promulgation of rules, disability insurance
20policies and self-insured health plans are considered to comply with the coverage
21requirements of par. (b) if the coverage conforms to the standards of the American
22Society for Reproductive Medicine or its successor organization.
AB610-SSA1,5,2423 (e) This subsection does not apply to a disability insurance policy that is a
24health benefit plan described under s. 632.745 (11) (b).
AB610-SSA1,4 25Section 4. Nonstatutory provisions.
AB610-SSA1,6,3
1(1) Legislative intent. The legislature finds and determines that patients with
2infertility have the right to undergo fertility treatments, including in vitro
3fertilization, and rejects the notion of embryonic or fetal “personhood.”
AB610-SSA1,5 4Section 5 . Initial applicability.
AB610-SSA1,6,95 (1) For policies and plans containing provisions inconsistent with the
6treatment of ss. 609.74 and 632.895 (15m), the treatment of ss. 609.74 and 632.895
7(15m) first applies to policy or plan years beginning on January 1 of the year
8following the year in which this subsection takes effect, except as provided in subs.
9(2) and (3).
AB610-SSA1,6,1410 (2) For policies and plans that have a term greater than one year and contain
11provisions inconsistent with the treatment of ss. 609.74 and 632.895 (15m), the
12treatment of ss. 609.74 and 632.895 (15m) first applies to policy or plan years
13beginning on January 1 of the year following the year in which the policy or plan is
14extended, modified, or renewed, whichever is later.
AB610-SSA1,6,2015 (3) For policies and plans that are affected by a collective bargaining agreement
16containing provisions inconsistent with the treatment of ss. 609.74 and 632.895
17(15m), the treatment of ss. 609.74 and 632.895 (15m) first applies to policy or plan
18years beginning on the effective date of this subsection or on the day on which the
19collective bargaining agreement is newly established, extended, modified, or
20renewed, whichever is later.
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