Select Page

SB139 - Delaware's Fertility Care & preservation Law

SB139 - Frequently Asked Questions

When will SB139 Go Into Effect?

SB139 went into effect on June 30, 2018 after Governor Carney signed the bill into law. It will apply when the employer’s insurance company has their first annual enrollment after this date. Please note most companies’ annual enrollment takes effect in January of each year. Please contact your HR Department to determine when your annual enrollment date.

WHY ARE SELF-INSURED COMPANIES NOT AFFECTED BY THE BILL?

Federal law states that NO company or organization that self-insures is required to adopt any state insurance mandate.

Why are Delaware State Employees Excluded From This bill?

The State of Delaware self-insures and coverage under the state employee plan is only subject to federal statutes and regulations. This is true for all companies or organizations that self-insure. Senator Townsend and Representative Longhurst have already taken action with the State Employee Benefits Commission (SEBC). SEBC decides whether to adopt insurance laws, like SB139 for state employees. Please come back as updates will be posted.

MY COMPANY IS BASED IN ANOTHER STATE BUT I WORK IN A DELAWARE OFFICE. WOULD THAT MEAN THAT PEOPLE LIKE ME WHOSE JOBS ARE BASED OUT OF STATE, BUT LIVE IN DELAWARE BE EXCLUDED?

It’s best you contact your company’s HR department to determine if your coverage would adhere to Delaware insurance laws. Unfortunately, employer-sponsored insurance is generally based on where the employer resides, but depending on the size of the company, it’s possible that your insurance could be Delaware-based.

DOES SB139 COVER DONOR EGGS, DONOR SPERM, AND /OR DONOR EMBRYOS?

The legislation covers only the treatment associated with the use of donor embryos, eggs and sperm, such as intrauterine insemination, assisted hatching of embryos, cryopreservation and thawing of embryos, eggs and sperm, embryo biopsy, fresh and frozen embryo transfers, intra-cytoplasmic sperm injection, medications, storage of embryos, eggs and sperm. It does not cover the actual cost associated with acquiring donor embryos, eggs and sperm. You would be responsible for this cost out of pocket.

Can this insurance be purchased in the marketplace?

Fertility care and preservation coverage will be included with plans sold on the individual marketplace. We believe that coverage will be available during the next enrollment period for coverage in 2019. You will be able to view the marketplace plan details and enroll in October / November 2018 for a January 2019 start date. Please come back as updates will be posted.

QUESTION 1

Does my employer have 50 or more eligible employees?

No – you are not subject to the mandate.  Your questions stop here.

Yes – proceed to question #2.

QUESTION 2

Is your health insurance plan self-funded?

Yes – your company’s health insurance policy is NOT subject to the mandate.  This is per federal law.  Your questions stop here.

No – proceed to question #3

Some examples of companies who are self-funded are State of Delaware, City of Wilmington, New Castle County and CCHS.

QUESTION 3

When is my annual enrollment?

It is important to know this because the mandate will go into effect on applicable plans at the next annual enrollment following June 30, 2018.

QUESTION 4

Is my company based in Delaware?

If the answer is no, you will need to specifically ask if they will be adopting the mandate in Delaware. Unfortunately, employer-sponsored insurance is generally based on where the employer resides, however, it is possible that your insurance could be Delaware-based.

Newark Office

4735 Ogletown-Stanton Road
M.A.P. 2, Suite #3217
Newark, DE 19713
Phone: (302) 602-8822
Fax: (302) 623-4241

 

Wilmington Office

Silverside Medical Center
2700 Silverside Road, Suite 2A
Wilmington, DE 19810
Phone: (302) 602-8822
Fax: (302) 623-4241

 

Dover Office

Eden Hill Medical Center
200 Banning Street, Suite 240
Dover, DE 19904
Phone: (302) 602-8822
Fax: (302) 623-4241

 

©Reproductive Associates of Delaware <> Site designed by CollageTeam.com