Struck = removed from the bill ·
added = the amendment's new text.
SB 558-FN - AS AMENDED BY THE SENATE 04/11/2024 1488s SESSION 24-3108 12/08 SENATE BILL 558-FN AN ACT relative to insurance coverage for infertility treatments, protection from discrimination during IVF treatments, parental leave, and adoption.
SPONSORS:
Perkins Kwoka, Dist 21;21 April 11, 2024 2024-1488s 05/08 Floor Amendment to SB 558-FN Amend the bill by replacing all after the enacting clause with the following:
Sen.3 1 Short Title.
Whitley, Dist 15;
Sen.
Fenton, Dist 10;
Sen.
Watters, Dist 4;
Sen.
Rosenwald, Dist 13;
Sen.
Soucy, Dist 18;
Sen.
D'Allesandro, Dist 20;
Sen.
Altschiller, Dist 24;
Rep.
Grote, Rock.
24;
Rep.
Simpson, Rock.
33 COMMITTEE:
Health and Human Services ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill requires insurance companies to certify coverage for fertility treatment and prohibits employer discrimination based upon that treatment.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation:
Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
SB 558-FN - AS AMENDED BY THE SENATE 04/11/2024 1488s 24-3108 12/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to insurance coverage for infertility treatments, protection from discrimination during IVF treatments, parental leave, and adoption.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title.
LBAFloor 24-3108Amendment Amendedto 4/18/24 SB 558-FN-558-FN FISCAL- NOTEPage AS2 AMENDED- BY2024-1488s THEAMENDED SENATEANALYSIS (AMENDMENTThis #2024-1488s)bill ANrequires ACTinsurance relativecompanies to insurancecertify coverage for infertilityfertility treatments,treatment protectionand fromprohibits employer discrimination duringbased IVFupon treatments,that parentaltreatment. leave, and adoption.
FISCAL IMPACT:
[ X ] State [ X ] County [ X ] Local [ ] None Estimated State Impact - Increase / (Decrease) FY 2024 FY 2025 FY 2026 FY 2027 Revenue $0 Indeterminable Indeterminable Indeterminable Increase Increase Increase General Fund Revenue Fund(s) Insurance Premium Tax Expenditures $0 Indeterminable Indeterminable Indeterminable Increase Increase Increase General Fund Funding Source(s) Various Government Funds Appropriations $0 $0 $0 $0 None Funding Source(s) • Does this bill provide sufficient funding to cover estimated expen[X] Nos? • Does this bill authorize new positions to implement this bill? [X] No Estimated Political Subdivision Impact - Increase / (Decrease) FY 2024 FY 2025 FY 2026 FY 2027 County Revenue $0 $0 $0 $0 Indeterminable Indeterminable Indeterminable County Expenditures $0 Increase Increase Increase Local Revenue $0 $0 $0 $0 Local Expenditures $0 Indeterminable Indeterminable Indeterminable METHODOLOGY:
This bill requires insurance companies to certify coverage for fertility treatment and prohibits employer discrimination based upon that treatment.
The Insurance Department assumes this bill would result in higher total claims costs associated with intrauterine insemination (IUI).
Based on analysis of plan year 2023 data, the Department estimated an additional annual cost to commercial fully insured market of approximately $144,000 or $0.05 per member per month.
The Department indicates insurers may respond with increased premium rates to reflect the higher costs.
Policyholders may respond by paying increased premiums or forgoing insurance if premiums are too high.
This may have an impact on state premium tax revenue and state, county and local employers expenditures for insurance coverage.
The Department of Administrative Services states this bill would allow an employee to attend well-being appointments, in vitro fertilization follow up and postpartum care while providing the employee job protection during their absence.
The Department assumes the bill would apply to all employers in the State, including the State as an employer.
It is further assumed that if a person, employed by the State, were to take leave of absence and not be required to use their accrued leave, the employee would be placed on an "unpaid leave" status.
The length in time in which person may be placed on "unpaid leave" is indeterminable.
The Department indicates the fiscal impact to the State is indeterminable because there is no way to project how many employees will seek fertility treatment that would be covered under the proposed legislation or how long they may be out on unpaid leave.
The Department assumes there could be indeterminable productivity costs associated with such employees not being present for work.
The New Hampshire Municipal Association states it is unclear if the modifications made to the definitions in RSA 417-G:2, IV, would result in an increase to insurance premium amounts paid by municipal employers.
Many municipalities may have an established personnel policy, contract or collective bargaining agreement that would already limit the use of accrued paid time off for parental leave or adoption.
It is unclear how many municipalities would be impacted by this bill, what the cost would be to those impacted.
The New Hampshire Association of Counties indicates the majority of counties already offer a version of this benefits.
The Association states there would be a cost to the counties as the time off may create a hardship in most departments.
The Association is unable to determine how many individuals may take advantage of this leave and is not able to calculate the associated costs.
AGENCIES CONTACTED:
Departments of Insurance and Administrative Services, New Hampshire Municipal Association and New Hampshire Association of Counties