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How to Boost Your Fertility and Adoption Benefits

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Jun 01, 2010

Most employers don’t offer the outstanding benefits of the companies highlighted in our "50 Best" feature. But if yours doesn’t, there are steps you can take to encourage your employer to bump your benefits up a notch or two.

Everyone wishes they worked for a company with benefits as generous as the ones in this special section. But many of these companies weren’t always so munificent, and instituted their generous benefits only after a request or an all-out lobbying effort from employees. If your current benefits leave something to be desired and you’re hoping for financial help to start or expand your family, build a strong case for offering them.

Check out your state’s law
While there’s no federal mandate on infertility coverage, 15 states have enacted legislation requiring insurance companies to cover or offer coverage for fertility treatments. In 12 states—Arkansas, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Montana, New Jersey, New York, Ohio, Rhode Island, and West Virginia—health insurance carriers are required to cover the cost of infertility diagnosis and/or treatment, and some include in vitro fertilization (IVF). But many of the states don’t require self-funded employer plans to comply with the law. And some states have age restrictions (for instance, in New Jersey you must be under 46), marital restrictions (you must be married in Maryland) and other exclusions.

In three states—California, Louisiana, and Texas—insurers are only required to offer infertility coverage. It’s up to employees to ask for and pay for the coverage in their company plan. Remaining states have no regulation on infertility coverage. To get more details on your state’s plan, go to resolve.org, and for specific questions call your state’s insurance commissioner’s office. Contact your state representatives to get legislation proposed in your state.

Talk to your employer
Even if you live in one of the 15 states that have enacted legislation on infertility coverage, your employer may not be aware of state law. Even the insurance carrier doing business with your employer may not be aware of the law in your home state.

Don’t give up even if you don’t live in one of the 15 states mentioned above. Ask whoever handles medical insurance claims at your workplace if infertility is covered in any of the company’s health plans. Ask for a copy of the policies and pay attention to covered benefits, exclusions, and restrictions. Ask your partner to do the same at his workplace. Also check if fertility drugs are covered under a prescription drug benefit, including mail order service, which could save you a lot.

If you think one person can’t make a difference, think again. In July 2008, a health insurance company in New York was fined more than $1 million by state regulators for improperly denying infertility coverage to as many as 2,500 women. The investigation was prompted by a complaint filed by a woman in Ithaca, New York, who was denied payment for intrauterine insemination (IUI). New York law requires the company to exclude, in writing, the treatments they won’t pay for.

For more tips and a sample letter to share with management, visit resolve
.org. Check out the Dave Thomas Foundation for Adoption (adoption
friendlyworkplace.org) for strategies to boost adoption benefits.

















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