SB 729 Passes Out of Committee a Year Later 

This week, after over one year in the Appropriations Committee, SB 729: Health care coverage: treatment for infertility and fertility services, has been passed out of the committee and is now to be voted on in the Assembly. 

SB 729 is a piece of legislation that requires that all health care plans moving forward to “provide coverage for the diagnosis and treatment of infertility and fertility services.” Note that current law already requires that health insurance providers cover fertility treatments to those diagnosed with medical infertility.  

To be even more specific, this bill seeks to alter the definition of infertility, exclusions of in vitro fertilization (IVF) from health care coverage, and provide coverage for up to three oocytes retrievals. 

The particularly concerning aspect of SB 729 is its overbroad and biologically inaccurate suggestion for a new definition of infertility. According to the actual text of the legislation, “infertility” shall now be defined as a “condition or status” in which a person is incapable of reproducing “either as an individual or with their partner without medical intervention.”  

This over broad defin

ition would now characterize single men, who are biologically incapable of becoming pregnant, either by themselves or with a partner, as “infertile.” It is also within itself an untruth, as it is impossible for anyone to become pregnant by themselves without medical intervention. The goal of this legislation is to equate a biological and medical inability to reproduce to a relational choice of infertility, due to either celibacy or a same-sex relationship. 

As Reproductive Freedom for All writes, advocates for SB 729 praise it for its dedication to ensuring that LGBTQ+ couples are not excluded from insurance that would cover IVF treatments. 

State Senator Caroline Menjivar (D.), a co-author of the bill, stated, “It will ensure that queer couples no longer face higher out-of-pocket expenses in building their families compared to non-queer families…This bill is essential for achieving full equality and advancing comprehensive healthcare for all Californians.” 

What is even more concerning about this bill is the dramatic cost it would place on Californians and business owners who pay for and provide insurance. Because of the expansive coverage, this bill is estimated to cost California taxpayers roughly $80 million annually.  

This bill is currently waiting to be voted on by the Assembly as of August 15, 2024.