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New York Fertility Billing
& IVF Mandate Guide

One of the broadest mandates — covers IVF, egg freezing, embryo storage, and ICSI for all insured patients

Statute
NY Insurance Law §4303(cc)
Effective
January 1, 2020
Plans Covered
Fully-insured large and small group health plans

What's Covered Under New York's Mandate

Up to 3 complete IVF cycles. Always verify individual plan benefit designs at patient intake.

IVF (standard cycles)
✓ Mandated

Up to 3 complete oocyte retrievals per lifetime

ICSI (when clinically indicated)
✓ Mandated

Covered when male factor or fertilization failure documented

Embryo cryopreservation
✓ Mandated

Cryopreservation of embryos is mandated

Egg freezing (oocyte cryopreservation)
✓ Mandated

Covered for medical and elective fertility preservation

FET (frozen embryo transfer)
✓ Mandated

Covered as part of the IVF cycle benefit

PGT (preimplantation genetic testing)
✗ Not Mandated

Not mandated — payer discretion, requires separate authorization

Donor egg cycles
✗ Not Mandated

Not mandated — verify individual plan benefit

Self-funded employer plans (ERISA)
✗ Not Mandated

New York mandate does not apply to ERISA self-funded plans

New York Billing Notes

1
Infertility diagnosis required

Payers require documented infertility diagnosis (N97.x, N46.x) before authorizing IVF. Ensure the chart reflects the correct ICD-10 before submitting prior auth.

2
Track cycle count per patient

The NY mandate covers up to 3 lifetime retrievals. Maintain a cycle utilization log per patient to avoid denials once the benefit is exhausted.

3
Empire BCBS prior auth requirements

Empire requires step therapy documentation — confirm prior fertility treatment attempts are in the chart before submitting IVF authorization.

4
EmblemHealth S-code requirements

EmblemHealth and some MetroPlus plans require S4011/S4013/S4016 cycle tracking codes in addition to standard CPT codes for ART procedures.

Top Payers in New York

Empire BlueCross BlueShield
UnitedHealthcare
Aetna
Cigna
EmblemHealth
MetroPlus

EasyRCM tip: Payer requirements change frequently. We track prior auth workflows, coverage criteria updates, and denial pattern shifts for every major payer in New York — so you don't have to.

New York Fertility Billing — FAQ

Does the New York mandate apply to self-funded plans?

No. Self-funded (ERISA) plans are regulated federally and are exempt from New York's state insurance mandate. Always verify plan type at intake — many large NYC employers are self-funded.

How many IVF cycles are covered under New York law?

New York mandates coverage for up to 3 complete IVF cycles (oocyte retrievals) per lifetime diagnosis of infertility. Some plans may offer enhanced benefits beyond the mandate.

Is egg freezing covered in New York?

Yes. New York's mandate covers oocyte cryopreservation (egg freezing) for both medical and elective fertility preservation, making it one of the most comprehensive mandates in the country.

Billing under New York's mandate?

EasyRCM handles fertility billing for practices in New York and all 21 mandate states — from eligibility verification and prior auth to denial appeals and A/R recovery.

Book Your Free NY Billing Review →