Revision: Dec. 1, 2023, 4:27 p.m.
2024 SESSION
24-3108.3
12/08
SENATE BILL [bill number]
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill provides insurance coverage for infertility treatments, protection from discrimination during IVF treatments, parental leave, and adoption.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3108.3
12/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act shall be known as "The Modern Economy Act."
2 Access to Fertility Care; Definitions. Amend RSA 417-G:1, III-V to read as follows:
III. "Fertility treatment" means health care services or products provided with the intent to achieve a pregnancy for a patient with infertility that results in a live birth with healthy outcomes.
IV. "Health carrier" means an entity subject to the insurance laws and rules of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including an insurance company, a health maintenance organization, a health service corporation, or any other entity providing a plan of health insurance, health benefits, or health services.
V. "Infertility" means a disease, condition or status [caused by an illness, injury, underlying disease, or condition.] where an individual's ability to become pregnant or to carry a pregnancy to live birth is impaired, or where an individual's ability to cause pregnancy and live birth in the individual's partner is impaired.
3 Access to Fertility Treatment. Amend RSA 417-G:2, II to read as follows:
II. Each health carrier that issues or renews any group policy, plan, or contract of accident or health insurance providing benefits for medical or hospital expenses, shall provide to certificate holders of such insurance coverage for medically necessary fertility treatment for infertility as defined in RSA 417-G:1. Enrollees shall be provided coverage for evaluations, laboratory assessments, medications, and treatments associated with the procurement of donor eggs, sperm, and embryos.
4 Unlawful Discrimination; Fertility Treatment. Amend RSA 354-A:7, VI to read as follows:
VI.(a) For the purposes of this chapter, the word "sex" includes pregnancy and medical conditions which cause or result from pregnancy or are otherwise related to pregnancy, including but not limited to fertility treatment as defined in RSA 417-G:1 or pregnancy loss or related bereavement time.
(b) An employer shall permit [a female] an employee to take leave of absence and attend appointments for the period of temporary physical disability resulting from pregnancy, childbirth or related medical conditions including but limited to well-being checkups, in-vitro fertilization follow up and postpartum care. When the employee is physically able to return to work, [her] that employee's original job or a comparable position shall be made available to [her] them by the employer unless business necessity makes this impossible or unreasonable.
5 Protective Legislation; Parental Leave. Amend RSA 275:43, V to read as follows:
V.(a) Vacation pay, severance pay, personal days, holiday pay, sick pay, and payment of employee expenses, when such benefits are a matter of employment practice or policy, or both, shall be considered wages pursuant to RSA 275:42, III, when due. The employer shall not have a policy or practice of requiring the use of any accrued paid time off as a condition of parental leave.
(b) An employer may limit the leave provided under this subdivision if the employee's leave creates an undue hardship to the employer's business. For this section, "undue hardship" shall mean any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources and the nature and structure of its operation.
6 Effective Date. This act shall take effect 60 days after its passage.