Coverage for in vitro fertilization and genetic testing.

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Affected by 63I-2-226 on 7/1/2030

Effective 5/12/2020
26-18-420. Coverage for in vitro fertilization and genetic testing.
  • (1) As used in this section:
    • (a) "Qualified condition" means:
      • (i) cystic fibrosis;
      • (ii) spinal muscular atrophy;
      • (iii) Morquio Syndrome;
      • (iv) myotonic dystrophy; or
      • (v) sickle cell anemia.
    • (b) "Qualified enrollee" means an individual who:
      • (i) is enrolled in the Medicaid program;
      • (ii) has been diagnosed by a physician as having a genetic trait associated with a qualified condition; and
      • (iii) intends to get pregnant with a partner who is diagnosed by a physician as having a genetic trait associated with the same qualified condition as the individual.
  • (2) Before January 1, 2021, the department shall apply for a Medicaid waiver or a state plan amendment with the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services to implement the coverage described in Subsection (3).
  • (3) If the waiver described in Subsection (2) is approved, the Medicaid program shall provide coverage to a qualified enrollee for:
    • (a) in vitro fertilization services; and
    • (b) genetic testing of a qualified enrollee who receives in vitro fertilization services under Subsection (3)(a).
  • (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, 2021.
  • (5) Before November 1, 2022, and before November 1 of every third year thereafter, the department shall:
    • (a) calculate the change in state spending attributable to the coverage under this section; and
    • (b) report the amount described in Subsection (4)(a) to the Health and Human Services Interim Committee and the Social Services Appropriations Subcommittee.




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