S8866
An act to amend the Insurance Law — 2026-01-27 · Calendar #97
The New York State Senate passed legislation Tuesday to expand and clarify insurance coverage for in vitro fertilization treatment, addressing gaps in a 2019 law that have left many couples paying out-of-pocket for essential reproductive healthcare. Senate Print 8866, sponsored by Sen. Salazar, ensures that same-sex couples and LGBTQ New Yorkers cannot be excluded from IVF coverage and requires insurers to cover three complete cycles of the procedure with explicit definition of what constitutes a full cycle. The bill addresses a problem where insurance companies have been improperly defining individual steps in the IVF process as separate cycles rather than covering all steps needed to complete a single cycle. This fragmentation has forced couples to pay out-of-pocket for embryo transfers and additional cycles, and creates incentives for doctors to transfer too many embryos in a single procedure, risking poor medical outcomes. The measure passed 49-9, with nine Republicans voting against it: Senators Borrello, Gallivan, Helming, Mattera, Murray, O'Mara, Ortt, Tedisco and Walczyk. The bill takes effect immediately upon enactment.
PASSED
Ayes: 49
· Nays: 9
Debate Summary
Sen. Salazar explained that the bill ensures same-sex couples and LGBTQ New Yorkers are not excluded from IVF insurance coverage and requires insurance to cover three full rounds of IVF with explicit definition of what constitutes a complete cycle. She noted that insurance companies have been improperly defining individual steps in the IVF process as separate cycles, leaving couples to pay out-of-pocket for embryo transfers and additional cycles. The bill aims to correct this gap in the 2019 IVF insurance coverage law and prevent perverse incentives that could lead to poor medical outcomes.
Recorded Votes
Recorded votes are predominantly dissenting (nay) votes captured from roll call records.
| Senator | Vote | Party |
|---|---|---|
| Salazar | aye | Democrat |
| Borrello | nay | Republican |
| Gallivan | nay | Republican |
| Helming | nay | Republican |
| Mattera | nay | Republican |
| Murray | nay | Republican |
| O'Mara | nay | Republican |
| Ortt | nay | Republican |
| Tedisco | nay | Republican |
| Walczyk | nay | Republican |