Relates to financial loss as a result of a failed in-vitro fertilization or intrauterine insemination, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3795
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to  amend the insurance law, in relation to financial loss as a
   result of a failed in-vitro fertilization or intrauterine insemination
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subparagraph  (D)  of paragraph 17 of subsection (a) of
 section 1113 of the insurance law, as amended by section 22 of part L of
 chapter 56 of the laws of 2020, is amended to read as follows:
   (D) (i) (I) Indemnifying an adoptive parent  for  verifiable  expenses
 not  prohibited under the law paid to or on behalf of the [birth mother]
 GESTATIONAL PARENT when either one or both of the birth parents  of  the
 child  withdraw or withhold their consent to adoption. Such expenses may
 include maternity-connected medical or hospital expenses of  the  [birth
 mother]  GESTATIONAL  PARENT,  necessary  living  expenses of the [birth
 mother] GESTATIONAL PARENT  preceding  and  during  confinement,  travel
 expenses  of  the  [birth  mother] GESTATIONAL PARENT to arrange for the
 adoption of the child, legal fees  of  the  [birth  mother]  GESTATIONAL
 PARENT,  and any other expenses that an adoptive parent may lawfully pay
 to or on behalf of the [birth mother] GESTATIONAL PARENT; [or]
   (II) Indemnifying an intended parent for financial loss incurred as  a
 result of the failure by the person acting as surrogate to perform under
 the surrogacy contract due to death, bodily injury, sickness, disappear-
 ance of the person acting as surrogate, late miscarriage, or stillbirth.
 Such  financial loss shall include medical and hospital expenses, insur-
 ance  co-payments,  deductibles,  and  coinsurance,   necessary   living
 expenses of the person acting as surrogate during the term of the surro-
 gacy  contract, travel expenses to arrange for the surrogacy, legal fees
 of the person acting as  surrogate,  and  any  other  expenses  that  an
 intended parent may lawfully pay to or on behalf of the person acting as
 surrogate; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02519-01-5
 A. 3795                             2
 
   (III)  INDEMNIFYING  AN  INTENDED  PARENT  FOR EXPENSES DISBURSED WHEN
 EITHER THE INTENDED PARENT OR A  PERSON  ACTING  AS  SURROGATE  RECEIVES
 IN-VITRO FERTILIZATION OR INTRAUTERINE INSEMINATION TREATMENT THAT FAILS
 AND  DOES  NOT  RESULT  IN  THE BIRTH OF A CHILD.   EXPENSES MAY INCLUDE
 LIVING  EXPENSES  OF  THE PERSON ACTING AS SURROGATE DURING THE IN-VITRO
 FERTILIZATION  OR  INTRAUTERINE  INSEMINATION  TREATMENT  AND   EXPENSES
 INCURRED  BY THE INTENDED PARENT OR PERSON ACTING AS SURROGATE TO TRAVEL
 FOR THE IN-VITRO FERTILIZATION OR INTRAUTERINE  INSEMINATION  TREATMENT.
 EXPENSES  ALSO  MAY  INCLUDE  MEDICAL  AND HOSPITAL EXPENSES NOT COVERED
 UNDER THE INTENDED PARENT'S OR PERSON ACTING AS  SURROGATE'S  COMPREHEN-
 SIVE  HEALTH INSURANCE AND INSURANCE CO-PAYMENTS, DEDUCTIBLES, AND COIN-
 SURANCE, BUT CREDIT INSURANCE AS DEFINED IN THIS CLAUSE SHALL NOT SOLELY
 COVER SUCH MEDICAL AND HOSPITAL EXPENSES, CO-PAYMENTS,  DEDUCTIBLES,  OR
 COINSURANCE; and
   (ii) For the purposes of this subparagraph "adoptive parent" means the
 parent  or  [his  or  her] THE PARENT'S spouse seeking to adopt a child,
 ["birth mother"] "GESTATIONAL PARENT" means the [biological  mother  of]
 PERSON  GIVING  BIRTH  TO the child, "birth parent" means the biological
 [mother or biological father]  PARENTS  of  the  child,  and  the  terms
 "donor", "intended parent", "person acting as surrogate", and "surrogacy
 agreement"  shall  have  the meaning set forth in section 581-102 of the
 family court act; or
   § 2.  The insurance law is amended by adding a  new  section  3437  to
 read as follows:
   §  3437.  CREDIT  INSURANCE FOR IN-VITRO FERTILIZATION OR INTRAUTERINE
 INSEMINATION.  (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION,
 AN INSURER THAT ISSUES A CREDIT  INSURANCE  POLICY  PURSUANT  TO  CLAUSE
 (III)  OF  ITEM  (I)  OF  SUBPARAGRAPH  (D)  OF  PARAGRAPH  SEVENTEEN OF
 SUBSECTION (A) OF SECTION ONE THOUSAND  ONE  HUNDRED  THIRTEEN  OF  THIS
 CHAPTER  SHALL  PROVIDE A STATEMENT IN THE APPLICATION FOR THE INSURANCE
 POLICY AND IN A PROMINENT WRITING UPON POLICY ISSUANCE THAT  THE  CREDIT
 INSURANCE POLICY IS NOT A SUBSTITUTE FOR COMPREHENSIVE HEALTH INSURANCE.
   (B)  AN EXCESS LINE BROKER WHO PROCURES SUCH A CREDIT INSURANCE POLICY
 PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED FIVE OF THIS CHAPTER  SHALL
 PROVIDE  THE  STATEMENT  REQUIRED  BY  SUBSECTION (A) OF THIS SECTION ON
 BEHALF OF THE INSURER.
   § 3.  This act shall take effect on the thirtieth day after  it  shall
 have become a law.