2022 Reproductive Rights In New Jersey & New York

Although we are extremely disheartened with the Supreme Court’s decision to overturn Roe V. Wade – we want to clearly state that in no way will this impact your plan of care here at IRMS.

IRMS has been in the trenches for decades, advocating for fertility rights for our patients. Along with our allies, we’ve campaigned and championed our mission in both Trenton and Washington D.C with many successful outcomes and many more to come. 

We are so fortunate to practice in states like New Jersey and New York that support reproductive rights.

In January 2022, Governor Phil Murphy signed significant legislation that protects the constitutional right to freedom of reproductive choice in New Jersey. He further vowed, recently in May, “to protect and expand coverage for reproductive health care, and protect medical providers and patients who provide or receive abortion care in New Jersey from legal retaliation by states who have outlawed or restricted abortion”.

Governor Murphy also revealed that New Jersey will create a new Reproductive Health Access Fund that would not only support access to reproductive health care for underinsured women but would include training grants for health care providers along with security measures to protect at-risk health care sites. 

In New York State, Governor Kathy Hochul has also been expanding legal protections for reproductive autonomy, signing a sweeping bill earlier in June and recently announced additional funding and awareness campaigns requiring New Yorkers reproductive rights. 

 In addition to the New Jersey’s “Freedom of Reproductive Choice Act”, & New York’s bill, both states have other noted legislation that supports our rights to build families whether you are suffering from infertility, in need of fertility preservation due to a medical issue or require a gestational carrier. 

The New Jersey Family Building Act, fought for by IRMS & our many allies, mandates that insurance policies must cover the cost of diagnosis & treatment of infertility if the policy covers over 50 people and provides pregnancy-related benefits. That includes IUI, IVF, ICSI, among other reproductive services and diagnostic tests. One of sixteen states that have some state mandated family-building coverage, the mandate does have limitations including insuring workers in small businesses under 50 people; egg freezing unless needed for medical reasons, and other stipulations in terms of eligibility. 

For patients visiting our Staten Island Practice, New York State updated their insurance mandates in 2020 with the New York IVF & Preservation Law. This law, which our own Dr. Melissa C. Yih outlines in depth here, covers up to 3 cycles of IVF treatment for patients covered by “large group” policies of 100 or more employees.  Similarly, to the New Jersey mandate, New York also covers cryopreservation (egg freezing) for medical conditions like cancer.  

Both New Jersey & New York also have legislation that now grants protection for Gestational Carriers. The New Jersey Gestational Carrier Act & New York’s’ Child-Parents Security Act provides legal protection to couples requiring a gestational carrier, a woman that has no genetic link to the fetus. These laws further aid our LGBTQ+ community or any individual that requires a GC to help them build their family.  

We encourage all our patients to be informed regarding their reproductive rights.  Don’t be shy to ask us any questions, our team can help you understand the legislation, coverage and empower you with choice.  You can also visit wonderful organizations like Resolve.org for further information about your state’s reproductive legislation and barriers to care. 

We are unequivocally emboldened to continue our advocacy to eliminate any obstacles to reproductive family-building for our patients.  Wherever you reside in this country – we are here for you. 

Feel free to contact us. We are available through our contact form, our social handles or by calling  973.548.9900.