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Fertility coverage bill spurs emotional testimony from patients and objections from insurers and faith-based providers

2874740 · April 3, 2025
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Summary

Senate Bill 535 would require employer and individual health plans to cover a wide set of fertility and reproductive-preservation services; patient advocates and medical experts urged passage while insurers and faith-based providers raised cost, scope and religious-liberty concerns.

Senate Bill 535, heard by the Senate Committee on Health Care on April 3, would require employer and individual health plans in Oregon to reimburse for a range of fertility treatments and preservation services, including egg retrievals, embryo transfers and storage, intrauterine insemination and related diagnostics and medications.

Proponents ranged from physicians to patients and reproductive-health advocates. Dr. Paula Amato, professor of obstetrics and gynecology at Oregon Health & Science University and immediate past president of the American Society for Reproductive Medicine, testified in support and called infertility a disease that carries psychosocial burdens and health disparities. She noted that 24 states already have infertility insurance requirements and framed the measure as reproductive justice. Dr. Amato said state employee plans (PEBB) already provide similar benefits and that utilization in that program has been low.

Patients testified about the cost and time pressures associated with infertility care. Stacy Ochoa described more than a decade of fertility struggle, saying the inability to access timely IVF delayed diagnosis and treatment and imposed substantial financial hardship and emotional strain. Ochoa and other advocates urged the committee to consider the measure as an equity and access issue.

Insurers opposed or expressed concern about the bill’s scope and cost. Rick Blackwell of PacificSource said the bill applies only to the state’s insurance code and would not reach ERISA plans, PEBB or Medicaid comprehensively; he estimated a potential per-member-per-month cost range for mandate scenarios and said additional data were needed. Mary Ann Cooper of Regions Blue Cross Blue Shield of Oregon and a representative of Moda Health likewise cited potential premium impacts (Regions estimated roughly $2.50–$4 per member per month for fully insured plans) and raised implementation questions including coverage of investigational treatments, storage duration and step-therapy restrictions.

Faith-based providers also raised objections. Jessica Adamson representing Providence Health & Services said Providence could not participate in creating, storing or transferring embryos under its religious directives; she urged accommodation language modeled on prior legislative compromises (for example, arrangements used after the Reproductive Health Equity Act) that allow third-party contracting to provide services for covered plan members.

Legal counsel for Alliance Defending Freedom, Greg Baylor, warned the committee that without robust religious and conscience protections the mandate could subject the state to litigation under federal and state religious-liberty protections.

The committee received multiple written and oral statements and closed the public hearing. No final committee vote on SB 535 is recorded in the April 3 transcript.