Delaware's Fertility Care & preservation Law (SB139)

How To Determine If The Law Affects Me

On June 30, 2018, Delaware became the 16th state to require commercial health plans sold in the state to include benefits for fertility care and the 4th state to require that these plans also include benefits for fertility preservation.

Employee-Sponsored Plans

In order to determine if the new law impacts your employer-sponsored health insurance plan, confirm that your employer meets the following requirements:

  • Employer is based in Delaware;
  • Has 50 or more employees; and
  • Does NOT self-insure 

Once you have determined whether or not your employer meets these requirements, please note there are some variables. One of the largest variables is that until you receive your annual enrollment information on your health insurance plan for the next enrollment year, it cannot be determined what your out-of-pocket cost will be for treatment should you qualify for coverage. This is because your deductible and your out-of-pocket max are determined at this time by your employer. While the new law ensures that it is standard for any type of treatment (all medical treatment including IVF, and that IVF cannot be subject to a different deductible i.e. carve-outs) the actual amount will still be given to you by your employer when they inform you about your insurance plan(s).

If you believe your employer meets these requirements, and you are being told fertility benefits are not covered, please email and we will connect you with a fertility insurance advocate to help.

Marketplace Plans

All individual health insurance plans sold on the Delaware Health Insurance Marketplace include fertility care and preservation coverage defined by Delaware’s Fertility Care and Preservation Law. Open enrollment has ended for 2019 but you can enroll in or change plans if you have certain life changes.

Newark Office

4735 Ogletown-Stanton Road
M.A.P. 2, Suite #3217
Newark, DE 19713
Phone: (302) 602-8822
Fax: (302) 602-8832


Wilmington Office

Silverside Medical Center
2700 Silverside Road, Suite 2A
Wilmington, DE 19810
Phone: (302) 602-8822
Fax: (302) 602-8832


Dover Office

Eden Hill Medical Center
200 Banning Street, Suite 240
Dover, DE 19904
Phone: (302) 602-8822
Fax: (302) 602-8832


©Reproductive Associates of Delaware <> Site designed by