Medicaid waiver for fertility preservation services.

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  • (1) As used in this section:
    • (a) "Iatrogenic infertility" means an impairment of fertility or reproductive functioning caused by surgery, chemotherapy, radiation, or other medical treatment.
    • (b) "Physician" means an individual licensed to practice under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
    • (c) "Qualified enrollee" means an individual who:
      • (i) is enrolled in the Medicaid program;
      • (ii) has been diagnosed with a form of cancer by a physician; and
      • (iii) needs treatment for that cancer that may cause a substantial risk of sterility or iatrogenic infertility, including surgery, radiation, or chemotherapy.
    • (d) "Standard fertility preservation service" means a fertility preservation procedure and service that:
      • (i) is not considered experimental or investigational by the American Society for Reproductive Medicine or the American Society of Clinical Oncology; and
      • (ii) is consistent with established medical practices or professional guidelines published by the American Society for Reproductive Medicine or the American Society of Clinical Oncology, including:
        • (A) sperm banking;
        • (B) oocyte banking;
        • (C) embryo banking;
        • (D) banking of reproductive tissues; and
        • (E) storage of reproductive cells and tissues.
  • (2) Before January 1, 2022, the department shall apply for a Medicaid waiver or a state plan amendment with CMS to implement the coverage described in Subsection (3).
  • (3) If the waiver or state plan amendment described in Subsection (2) is approved, the Medicaid program shall provide coverage to a qualified enrollee for standard fertility preservation services.
  • (4) The Medicaid program may not provide the coverage described in Subsection (3)
    before the later of:
    • (a) the day on which the waiver described in Subsection (2) is approved; and
    • (b) January 1, 2023.
  • (5) Before November 1, 2023, and before November 1 of each third year after 2023, the department shall:
    • (a) calculate the change in state spending attributable to the coverage described in this section; and
    • (b) report the amount described in Subsection (5)(a) to the Health and Human Services Interim Committee and the Social Services Appropriations Subcommittee.




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