New Jersey is one of fifteen states with an infertility insurance mandate. If you work for an employer based in the state of New Jersey, you may be one of the lucky few whose health insurance will cover some of your infertility treatments. Please note that the New Jersey Family Encouragement Act does not apply equally to all New Jersey citizens. Understand how the law works and how it applies to your insurance plan before beginning your infertility treatments.

NJ Family Building Law

The New Jersey Family Building Law is one of fifteen state laws that require some form of infertility treatment coverage for people who work for groups of employers subject to regulation. The key to discovering how this law applies to you is understanding who is subject to regulation, what it covers, where the gaps are, and how to fill in the gaps.

Where are the holes?

New Jersey law applies to employer groups of fifty employees or more, to employer groups based in the state. If you work for an employer with fewer than fifty employees, or for a branch that is in New Jersey but is based elsewhere, you may be out of luck. Also, employers who self-insure are not subject to the mandate. Many larger employers take the self-insurance route and are therefore not bound by the mandate either.

New Jersey law is unique in that it specifically describes a variety of infertility treatments that must be covered. But don’t assume there is no limit to coverage. Infertility treatments have no guarantees of success. Most insurance plans will limit the number of cycles you can try during your life.

How to fill in the gaps

Remember that your unreimbursed infertility medical expenses may be tax deductible and you can get a greater tax benefit by using your flexible spending account. Plus, supplemental insurance is a great way to earn maternity leave income and provide additional protection in the event of complications.