HARRY HUGHES, Governor                                     4089

FOR the purpose of prohibiting the exclusion in certain group or
individual contracts or certificates issued or delivered by
nonprofit health service plans and policies issued or
delivered by insurance companies of all benefits for
expenses arising from in vitro fertilization procedures
performed on certain covered individuals or their dependent
spouses; requiring that benefits for in vitro fertilization
be provided to the same extent as benefits provided for

other pregnancy-related procedures under certain

circumstances; and generally relating to benefits for in
vitro fertilization.

BY adding to

Article 48A - Insurance Code

Section 354CC, 470V, and 477CC

Annotated Code of Maryland

(1979 Replacement Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 48A - Insurance Code

354CC.

EACH GROUP OR INDIVIDUAL MEDICAL OR MAJOR MEDICAL CONTRACT
OR CERTIFICATE ISSUED OR DELIVERED WITHIN THE STATE BY A
NONPROFIT HEALTH SERVICE PLAN AND WHICH PROVIDES
PREGNANCY-RELATED BENEFITS, SHALL INCLUDE MAY NOT EXCLUDE
BENEFITS FOR INPATIENT OR ALL OUTPATIENT EXPENSES ARISING FROM IN
VITRO FERTILIZATION PROCEDURES PERFORMED ON THE SUBSCRIBER OR THE
SUBSCRIBER'S DEPENDENT SPOUSE, PROVIDED THAT:

(1) BENEFITS UNDER THIS SECTION SHALL BE PROVIDED__TO

THE SAME EXTENT AS THE BENEFITS PROVIDED FOR OTHER
PREGNANCY-RELATED PROCEDURES;

(1) (2) THE PATIENT IS A SUBSCRIBER OR COVERED
DEPENDENT OF THE SUBSCRIBER;

(2) (3) THE PATIENT'S OOCYTES ARE FERTILIZED WITH THE
PATIENT'S SPOUSE'S SPERM;

(3) (4) (I) THE PATIENT AND THE PATIENT'S SPOUSE HAVE
A HISTORY OF INFERTILITY OF AT LEAST 5 YEARS' DURATION; OR

(II) THE INFERTILITY IS ASSOCIATED WITH ONE OR
MORE OF THE FOLLOWING MEDICAL CONDITIONS:

1. ENDOMETRIOSIS;

2. EXPOSURE IN UTERO TO

DIETHYLSTILBESTROL, COMMONLY KNOWN AS PES; OR