An Act To Help Cancer Patients with Fertility Preservation
Maine Legislature, Session 130, LD 0922
Committee: Health Coverage, Insurance and Financial Services
Sponsors: CRAVEN, STOVER, WHITE, LIBBY
Amends: 24-A MRSA §4320-P

Legislative Document
No. 922
H.P. 678
House of Representatives, March 8, 2021
An Act To Help Cancer Patients with Fertility Preservation
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CRAVEN of Lewiston.
Cosponsored by Representatives: STOVER of Boothbay, WHITE of Waterville, Senator: 
LIBBY of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §4320-P is enacted to read:
§4320-P.  Coverage for fertility preservation services for enrollees with cancer
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Fertility preservation services" means fertility preservation procedures consistent 
with established medical practice and professional guidelines published by the 
American Society for Reproductive Medicine or the American Society of Clinical 
Oncology or their successor organizations. 
B.  "Iatrogenic infertility" means an impairment of fertility caused by surgery for the 
treatment of cancer, radiation, chemotherapy or any other cancer treatment affecting 
reproductive organs or processes. 
2.  Required coverage.  Except as provided in subsection 4, a carrier offering a health 
plan in this State shall provide coverage for fertility preservation services for an enrollee 
who is at least 18 years of age and has been diagnosed with cancer for which necessary 
cancer treatment may directly or indirectly cause iatrogenic infertility. 
3.  Limits; deductible; copayment; coinsurance.  A health plan that provides 
coverage required by this section may contain provisions for maximum benefits and 
coinsurance and reasonable limitations, deductibles and exclusions to the extent that these 
provisions are not inconsistent with the requirements of this section.
4.  Exclusion for religious employer.  A religious employer may request and a carrier 
shall grant an exclusion under the policy or contract for the coverage required by this 
section if the required coverage conflicts with the religious employer's bona fide religious 
beliefs and practices.  A religious employer that obtains an exclusion under this subsection 
shall provide prospective enrollees and enrollees under its policy written notice of the 
exclusion.  For the purposes of this section, "religious employer" means an employer that 
is a church, a convention or association of churches or an elementary or secondary school 
that is controlled, operated or principally supported by a church or by a convention or 
association of churches as defined in 26 United States Code, Section 3121(w)(3)(A) and 
that qualifies as a tax-exempt organization under 26 United States Code, Section 501(c)(3).
Sec. 2. Application.  This Act applies to all policies, contracts and certificates 
executed, delivered, issued for delivery, continued or renewed in this State on or after 
January 1, 2022.  For purposes of this Act, all contracts are deemed to be renewed no later 
than the next yearly anniversary of the contract date.
SUMMARY
This bill requires insurance carriers offering health plans in this State to provide 
coverage for fertility preservation services when necessary cancer treatment may directly 
or indirectly cause infertility.  The requirements of the bill apply to health plans issued or 
renewed on or after January 1, 2022.