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 ACT	1
RELATING TO FERTILITY PRESERVATION SERVICES; AMENDING CHAPTER 18, TITLE	2
41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1854, IDAHO CODE, TO	3
ESTABLISH PROVISIONS REGARDING COVERAGE FOR CERTAIN FERTILITY PRESER-	4
VATION SERVICES; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE	5
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 is	8
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) As	11
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 of	15
such unfertilized genetic materials.	16
(2) This section shall apply only to a health benefit plan that provides	17
benefits for medical or surgical expenses incurred as a result of a health	18
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 chapter	24
34, title 41, Idaho Code;	25
(c) A managed care organization operating pursuant to chapter 39, title	26
41, Idaho Code;	27
(d) A fraternal benefit society operating pursuant to chapter 32, title	28
41, Idaho Code; or	29
(e) An exchange operating pursuant to chapter 61, title 41, Idaho Code.	30
(3) Notwithstanding any other provision of law to the contrary, a group	31
or individual health benefit plan providing benefits for medical or surgical	32
expenses incurred as a result of a health condition, accident, or sickness	33
shall provide coverage for fertility preservation services to a covered per-	34
son who will receive a medically necessary treatment for cancer, including	35
surgery, chemotherapy, or radiation, that the American society of clinical	36
oncology or the American society for reproductive medicine has established	37
may directly or indirectly cause impaired fertility.	38
(4) The fertility preservation services described by subsection (3) of	39
this section shall be standard procedures to preserve fertility consistent	40
with established medical practices or professional guidelines published by	41

-- 1 of 2 --

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 hereby	3
declared to exist, this act shall be in full force and effect on and after	4
July 1, 2026.	5

-- 2 of 2 --