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At present there are 13 states that either mandate to offer or mandate to cover infertility diagnosis and treatment, as summarized, below.
A “mandate to offer” means there is law that requires health insurance companies to at least offer to cover infertility diagnosis and treatment. A “mandate to cover” generally means that health insurance companies must provide infertility diagnosis and treatment for all policyholders.
| State | Mandate To Offer | Mandate To Cover | Comments |
| Arkansas | F | Excludes HMOs. Lifetime benefit cap at $15,000. | |
| California | F | Must offer infertility diagnosis and treatment but excludes IVF. | |
| Connecticut | F | Must offer infertility diagnosis and treatment and includes IVF. | |
| Hawaii | F | Restrictive but covers one cycle of IVF. | |
| Illinois | F | Comprehensive including up to four IVF procedures (two for second birth). Group policies with < 25 employees exempt. | |
| Maryland | F | Some diagnoses require waiting period but does cover IVF. Group policies with < 50 employees exempt. | |
| Mass. | F | Comprehensive | |
| Montana | F | Mandates HMOs to cover infertility. | |
| New York | F | Mandated to cover correctable medical conditions, regardless of fertility or infertility diagnosis. | |
| Ohio | F | Mandates HMOs to cover infertility. | |
| Rhode Island | F | Comprehensive, includes ART, larger co-payment allowed. | |
| Texas | F | Must offer infertility diagnosis and treatment and includes IVF. | |
| West Virginia | F | Mandates HMOs to cover infertility. |
ART: Assisted Reproductive Technologies
IVF: In Vitro Fertilization
HMO: Health Maintenance Organization