Adds to existing law to establish provisions regarding fertility preservation services.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 818 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO FERTILITY PRESERVATION SERVICES; AMENDING CHAPTER 18, TITLE2 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1854, IDAHO CODE, TO3 ESTABLISH PROVISIONS REGARDING COVERAGE FOR CERTAIN FERTILITY PRESER-4 VATION SERVICES; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE5 DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Chapter 18, Title 41, Idaho Code, be, and the same is8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-9 ignated as Section 41-1854, Idaho Code, and to read as follows:10 41-1854. COVERAGE FOR CERTAIN FERTILITY PRESERVATION SERVICES. (1) As11 used in this section:12 (a) "Fertility preservation services" means the collection and preser-13 vation of sperm, unfertilized oocytes, and ovarian tissue.14 (b) "Fertility preservation services" does not include the storage of15 such unfertilized genetic materials.16 (2) This section shall apply only to a health benefit plan that provides17 benefits for medical or surgical expenses incurred as a result of a health18 condition, accident, or sickness, including an individual, group, blanket,19 or franchise insurance policy or insurance agreement, a group hospital ser-20 vice contract, or an individual group evidence of coverage or similar cover-21 age document that is offered by:22 (a) An insurance company;23 (b) A group hospital service corporation operating pursuant to chapter24 34, title 41, Idaho Code;25 (c) A managed care organization operating pursuant to chapter 39, title26 41, Idaho Code;27 (d) A fraternal benefit society operating pursuant to chapter 32, title28 41, Idaho Code; or29 (e) An exchange operating pursuant to chapter 61, title 41, Idaho Code.30 (3) Notwithstanding any other provision of law to the contrary, a group31 or individual health benefit plan providing benefits for medical or surgical32 expenses incurred as a result of a health condition, accident, or sickness33 shall provide coverage for fertility preservation services to a covered per-34 son who will receive a medically necessary treatment for cancer, including35 surgery, chemotherapy, or radiation, that the American society of clinical36 oncology or the American society for reproductive medicine has established37 may directly or indirectly cause impaired fertility.38 (4) The fertility preservation services described by subsection (3) of39 this section shall be standard procedures to preserve fertility consistent40 with established medical practices or professional guidelines published by41

2 the American society of clinical oncology or the American society for repro-1 ductive medicine.2

SECTION 2. An emergency existing therefor, which emergency is hereby3 declared to exist, this act shall be in full force and effect on and after4 July 1, 2026.5