An Act to Provide Access to Fertility Care

Passed May 2022!

photograph of Maine State House
map of six New England states against green background
map of six New England states with Maine and Vermont faded
image of the state of Maine with the name of the current fertility insurance bill pinned on top
Maine has many things, including rugged coastline, abundant seafood, and wonderful, hardworking people.
Unfortunately, one thing it does not have is a fertility insurance statute.
Out of the six New England states, only Maine and Vermont have not passed such a law.

photo of Maine State House

Maine State Representative Colleen Madigan has filed An Act to Provide Access to Fertility Care, LD 1539, which is a comprehensive, inclusive bill that would require private insurance coverage for diagnostic care, fertility treatment, and medically necessary fertility preservation.

Rep. Colleen Madigan

Many individuals and organizations are joining RNE in actively supporting this legislation, including Fertility Within Reach, EqualityMaine, Boston IVF, Fertility Centers of New England, GLAD Law, Maine Medical Association, Colage, American Society for Reproductive Medicine, RESOLVE: The National Infertility Association, The Alliance for Fertility Preservation, and American Cancer Society.

Of course, at the heart of this advocacy campaign are the thousands of Maine residents who need access to fertility coverage to be able to try to grow their family. 

headshot of Re. Colleen Madigan

Rep. Colleen Madigan

Rep. Colleen Madigan

Boston IVF advertisement

Maine has a two-year legislative session, so LD 1539 had its initial committee review in 2021 and is still being considered now.

At an impactful 2021 public hearing before the Health Care, Insurance and Financial Services (HCIFS) committee, 24 people provided verbal testimony in support of the bill, and many more submitted written testimony.

The HCIFS committee then reported the bill for a cost analysis, which is a requirement for insurance mandates like this one.

After completion of this analysis, in February 2022, the committee held two work sessions to further discuss the legislation, and HCIFS voted that LD 1539 “ought to pass” by a majority vote of 7-6.

An analysis was conducted by the Office of Fiscal and Program Review (OFPR), which determined that the direct cost to the state of Maine would only be $1.41 per member per month.

The House of Representatives voted in favor of LD 1539 on March 31st and the Senate approved it on April 18th.

Speaking in favor of the bill on the floor of the Senate, Sen. Stacy Brenner said, “As a midwife, I am able to witness the immense joy of new parenthood, but also the deep pain of fertility challenges. This has not only emotional implications, but also economic ones.”

The bill was fully enacted on April 25th, the last day of the legislative session. 

Maine Governor Janet Mills signed the bill into law on May 9, 2022.

outline of steps for a new bill

Maine has a two-year legislative session, so LD 1539 had its initial committee review in 2021 and is still being considered now.

At an impactful 2021 public hearing before the Health Care, Insurance and Financial Services (HCIFS) committee, 24 people provided verbal testimony in support of the bill, and many more submitted written testimony.

The HCIFS committee then reported the bill for a cost analysis, which is a requirement for insurance mandates like this one.

After completion of this analysis, in February 2022, the committee held two work sessions to further discuss the legislation, and HCIFS voted that LD 1539 “ought to pass” by a majority vote of 7-6.

A fiscal analysis was conducted by the Office of Fiscal and Program Review (OFPR), which determined that the direct cost to the state of Maine would only be $1.41 per member per month.

The House of Representatives voted in favor of LD 1539 on March 31st and the Senate approved it on April 18th.

Speaking in favor of the bill on the floor of the Senate, Sen. Stacy Brenner said, “As a midwife, I am able to witness the immense joy of new parenthood, but also the deep pain of fertility challenges. This has not only emotional implications, but also economic ones.”

The bill was fully enacted on April 25th, the last day of the legislative session. 

Maine Governor Janet Mills signed the bill into law on May 9, 2022.

Our coalition has been staying connected throughout the legislative process, including through our Maine Fertility Advocacy Facebook group, which anyone interested is welcome to join.

It is difficult to get health insurance bills like this passed into law, but we are determined and will persist.

We know that pro-family legislation like LD 1539 makes positive impacts on their states. This was why our bill in New Hampshire passed in 2019 with bipartisan support.

“Including fertility care benefits in health care plans will help retain young workers — a goal we should all support."
New Hampshire Governor Chris Sununu (R)

One example of the powerful testimony in Maine came from Jessica Ouellette.

“My husband and I were born and raised here, we couldn’t imagine living anywhere else. We are proud and true Mainers.
But for the past six years and counting, we have been struggling with infertility and have seriously considered moving to Massachusetts where we could have the fertility coverage that we so desperately need and cannot receive here."
photo of two people watching the sunset from the top of Mount Cardigan in Maine