Table 1. State Mandated Infertility Insurance.

State	Year Enacted	Mandate to Cover/Mandate to Offer	In Vitro Fertilization Coverage?	HMO Treatment	Percent of US Births in 1995
Arkansas	1987^a	Cover	Yes	HMOs excluded	0.86%
California	1989	Offer	No	All plans covered	14.15%
Connecticut	1989	Offer	Yes	HMOs excluded	1.13%
Hawaii	1987	Cover	Yes	All plans covered	0.48%
Illinois	1991	Cover	Yes	All plans covered	4.68%
Maryland	1985	Cover	Yes	All plans covered	1.74%
Massachusetts	1987	Cover	Yes	All plans covered	2.12%
Montana	1987	Cover	No	HMOs only	0.28%
New York	1990^b	Cover	No	HMOs excluded	6.98%
Ohio	1991^c	Cover	Yes	HMOs only	3.97%
Rhode Island	1989	Cover	Yes	All plans covered	0.35%
Texas	1987	Offer	Yes	All plans covered	8.37%
West Virginia	1977^d	Cover	No	HMOs only	0.57%
Total					*45.68%*

Sources: Resolve (www.resolve.org), state laws (see Appendix A ofSchmidt, 2005), and National Center for Health Statistics, Vital Statistics of the United States, Volume I (Natality), various years. Louisiana and New Jersey each enacted mandates in 2001, but since this is out of my sample period, I do not include them here.

Some coverage for IVF was first required of in 1987. The law was revised in 1991 to set maximum and minimum benefit levels and to establish standards for determining whether a policy or certificate must include coverage (see Appendix A ofSchmidt, 2005).

In 2002, New York passed a revised law that clarified the 1990 legislation and appropriated $10 million to a pilot project to help pay for IVF for a small number of individuals.

The original 1991 law did not specifically exclude IVF, but in 1997 the Superintendent of Insurance stated that IVF, GIFT and ZIFT were not essential for the protection of an individual’s health and were therefore not subject to mandated insurance coverage. I code Ohio as an IVF state between 1991 and 1997.

In 2001, the law was amended to mandate HMOs to cover infertility treatment only as a “preventative service” benefit (thus excluding IVF).