Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 192 Third Substitute (2021GS)

Sponsor

Rep. Ward, R.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the department to apply for a Medicaid waiver or state plan amendment with the Centers for Medicare and Medicaid Services to provide coverage for fertility preservation treatments for an individual diagnosed with cancer or other disease;
• imposes a reporting requirement; and
• establishes a criminal penalty for a health care provider that:
• provides "assisted reproductive treatment" to a patient; and
• uses the health care provider's own gamete without the written consent of the patient.

Every vote on this bill

Bill text

FERTILITY TREATMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: 
Curtis S. Bramble
Cosponsor:
Rosemary T. Lesser
LONG TITLE
General Description:
This bill expands Medicaid coverage for fertility preservation and criminalizes
improper conduct related to fertility treatment.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the department to apply for a Medicaid waiver or state plan amendment
with the Centers for Medicare and Medicaid Services to provide coverage for
fertility preservation treatments for an individual diagnosed with cancer or other
disease;
▸ imposes a reporting requirement; and
▸ establishes a criminal penalty for a health care provider that:
• provides "assisted reproductive treatment" to a patient; and
• uses the health care provider's own gamete without the written consent of the
patient.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
26-18-420.1
, Utah Code Annotated 1953
76-07-401
, Utah Code Annotated 1953
76-07-402
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-18-420.1
 is enacted to read:
 26-18-420.1.
Medicaid waiver for fertility preservation services.
(1) As used in this section:
(a) "Iatrogenic infertility" means an impairment of fertility or reproductive functioning
caused by surgery, chemotherapy, radiation, or other medical treatment.
(b) "Physician" means an individual licensed to practice under Title 58, Chapter 67,
Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(c) "Qualified enrollee" means an individual who:
(i) is enrolled in the Medicaid program;
(ii) has been diagnosed with a form of cancer by a physician; and
(iii) needs treatment for that cancer that may cause a substantial risk of sterility or
iatrogenic infertility, including surgery, radiation, or chemotherapy.
(d) "Standard fertility preservation service" means a fertility preservation procedure
and service that:
(i) is not considered experimental or investigational by the American Society for
Reproductive Medicine or the American Society of Clinical Oncology; and
(ii) is consistent with established medical practices or professional guidelines
published by the American Society for Reproductive Medicine or the American Society of
Clinical Oncology, including:
(A) sperm banking;
(B) oocyte banking;
(C) embryo banking;
(D) banking of reproductive tissues; and
(E) storage of reproductive cells and tissues.
(2) Before January 1, 2022, the department shall apply for a Medicaid waiver or a state
plan amendment with CMS to implement the coverage described in Subsection (3).
(3) If the waiver or state plan amendment described in Subsection (2) is approved, the
Medicaid program shall provide coverage to a qualified enrollee for standard fertility
preservation services.
(4) The Medicaid program may not provide the coverage described in Subsection (3)
before the later of:
(a) the day on which the waiver described in Subsection (2) is approved; and
(b) January 1, 2023.
(5) Before November 1, 2023, and before November 1 of each third year after 2023,
the department shall:
(a) calculate the change in state spending attributable to the coverage described in this
section; and
(b) report the amount described in Subsection (5)(a) to the Health and Human Services
Interim Committee and the Social Services Appropriations Subcommittee.
Section 2. Section 
76-07-401
 is enacted to read:
Part 4. Genetic Material Misuse
 76-07-401.
Definitions.
As used in this part:
(1) "Assisted reproductive treatment" means a method of causing pregnancy by any
means other than through sexual intercourse, including:
(a) intrauterine or intracervical insemination;
(b) donation of eggs or sperm;
(c) donation of embryos;
(d) in vitro fertilization and embryo transfer; and
(e) intracytoplasmic sperm injection.
(2) "Gamete" means a cell containing a haploid complement of DNA that has the
potential to form an embryo when combined with another gamete, including:
(a) a sperm;
(b) an egg; or
(c) nuclear DNA from one individual combined with the:
(i) cytoplasm of another individual; or
(ii) cytoplasmic DNA of another individual.
(3) "Health care provider" means an individual listed in Subsection 
78B-3-403
(12).
Section 3. Section 
76-07-402
 is enacted to read:
 76-07-402.
Genetic material misuse.
(1) A health care provider may not knowingly use the health care provider's own
gamete, when providing assisted reproductive treatment to a patient, without the patient's
written consent.
(2) A health care provider who violates Subsection (1) is guilty of a third degree
felony.