Q. What legal issues come into play with regards to infertility and infertility treatments as it relates to Health Insurance and Employment Law?
In recognition of National Infertility Awareness Week (April 21-27, 2015), here are some legal issues associated with infertility and infertility treatments as it relates to Health Insurance Law and Employment Law.
A. In Pennsylvania, there is no law requiring insurance carriers to offer coverage for infertility treatments. Although there is also no Federal mandate for coverage of infertility, there may be an application if your plan is an ERISA plan, if your infertility qualifies as an illness under the plan. Therefore, determining whether your health insurance plan covers infertility will depend on your policy description and the plan. The first step you must take is to review your insurance plan to determine if your benefits include infertility treatments in the plan guidelines for coverage.
Some employment laws that may be applicable to infertility are:
- Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978 – Prohibiting employment discrimination on the basis of pregnancy, child’s birth or related medical conditions if meet the criteria for a covered organization.
- Americans with Disabilities Act Amendments Act (ADAAA) – Regulations suggest that an employee who has a reproductive problem may have protection under the law as a disability and may require reasonable accommodations such as unpaid medical leave.
- Genetic Information Nondiscrimination Act of 2008 (GINA) – GINA prohibits discriminating on the basis of genetic information and disclosing such information.
- Family and Medical Leave Act (FMLA) – ART has expanded the number of parties to the Act of procreation who may be entitled to some form of job protection if their workplace qualifies under the Act.
- Indian Child Welfare Act – governs removal of Native American children from their families – discrimination on the basis of tribal membership such as excluding Native Americans from being donor or surrogates may be discrimination under the ICWA.
When dealing with legal issues as a result of infertility or infertility treatments, you should speak to an attorney experienced in Assisted Reproductive Technology Law, as well as Health Care and Employment Law, as all of these potential legal issues may be applicable to your personal situation, and understanding the law and your options is paramount in the forefront of your journey.
heARTbeat is a publication of the KingSpry Adoption/ART Law Practice Group. It is meant to be informational and does not constitute legal advice.
