Bridging the Gap between the “have” and the “have-nots”: the Aca Prohibits Insurance Coverage Discrimination Based upon Infertility Status.

Due to the high costs of infertility treatment, many infertile Americans find themselves without the means to procreate.1 Compounding this issue, access to infertility treatment varies greatly from state-to-state largely due to the differences in state insurance coverage mandates.2 The access to infertility treatment, such as artificial reproductive technology (“ART”), often correlates to factors like household income, marital status, education level, race, ethnicity, and age.3 Therefore, a dichotomy exists between the “haves,” those with the financial means to undergo infertility treatment, and the “have-nots,” those who lack such means. In an effort to curb this preclusive effect, a total of fifteen states have passed legislation that requires insurers to provide coverage, or at least offer coverage, for infertility treatment.4 The infertile individuals living within the other thirty-five states and the District of Columbia, however, do not enjoy similar insurance coverage.5