AN ACT Relating to disability insurance policies; adding a new section to chapter 48.20 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; and adding a new section to chapter 48.46 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 48.20 RCW to read as follows:

Any group disability insurance policy providing pregnancy-related benefits delivered or issued in this state after January 1, 1988, shall include benefits for expenses arising from in vitro fertilization procedures on the same basis as benefits for other pregnancy-related expenses subject to the following conditions:

(1) The insured's oocytes are fertilized with the insured's spouse's sperm;

(2) The insured and the insured's spouse have a history of infertility of at least five years' duration or the infertility is associated with one or more of the following medical conditions:

(a) Endometriosis;

(b) Exposure in utero to diethylstilbestrol, commonly known as DES; or

(3) The insured has been unable to attain a successful pregnancy through any less costly applicable infertility treatments for which coverage is available under the policy; and

(4) The in vitro fertilization procedures are performed at medical facilities that conform to the American college of obstetric and gynecology guidelines for in vitro fertilization clinics or to the American fertility society minimal standards for program of in vitro fertilization.

NEW SECTION. Sec. 2. A new section is added to chapter 48.21 RCW to read as follows:

Any disability insurance policy providing pregnancy-related benefits delivered or issued in this state after January 1, 1988, shall include benefits for expenses arising from in vitro fertilization procedures on the same basis as benefits for other pregnancy-related expenses subject to the following conditions:

(1) The insured's oocytes are fertilized with the insured's spouse's sperm;

(2) The insured and the insured's spouse have a history of infertility of at least five years' duration or the infertility is associated with one or more of the following medical conditions:

(a) Endometriosis;

(b) Exposure in utero to diethylstilbestrol, commonly known as DES; or

(3) The insured has been unable to attain a successful pregnancy through any less costly applicable infertility treatments for which coverage is available under the policy; and

NEW SECTION. Sec. 3. A new section is added to chapter 48.44 RCW to read as follows:

Any individual or group contract for health care providing pregnancy-related benefits delivered or issued in this state after January 1, 1988, shall include benefits for expenses arising from in vitro fertilization procedures on the same basis as benefits for other pregnancy-related expenses subject to the following conditions:

(1) The covered person's oocytes are fertilized with the covered person's spouse's sperm;

(2) The covered person and the covered person's spouse have a history of infertility of at lest five years' duration or the infertility is associated with one or more of the following medical conditions:

(a) Endometriosis;

(b) Exposure in utero to diethylstilbestrol, commonly known as DES; or

(3) The covered person has been unable to attain a successful pregnancy through any less costly applicable infertility treatments for which coverage is available under the contract; and

NEW SECTION. Sec. 4. A new section is added to chapter 48.46 RCW to read as follows:

Any health maintenance agreement providing pregnancy-related benefits delivered or issued in this state after January 1, 1988, shall include benefits for in vitro fertilization procedures on the same basis as benefits for other pregnancy-related health care subject to the following conditions:

(1) The covered person oocytes are fertilized with the insured's spouse's sperm;

(2) The covered person and the covered person's spouse have a history of infertility of at least five years' duration or the infertility is associated with one or more of the following medical conditions:

(a) Endometriosis;

(b) Exposure in utero to diethylstilbestrol, commonly known as DES; or

(3) The covered person has been unable to attain a successful pregnancy through any less costly applicable infertility treatments for which coverage is available under the agreement; and