Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 37.00 - Infertility Benefits
Section 37.03 - Definitions
The following words as used in 211 CMR 37.00 shall be defined as follows:
Commissioner: The Commissioner of Insurance or his or her designee.
Experimental Infertility Procedure: A procedure not yet recognized as non-experimental as defined in 211 CMR 37.03.
Infertility: The condition of an individual who is unable to conceive or produce conception during a period of one year if the female is age 35 or younger or during a period of six months if the female is over the age of 35. For purposes of meeting the criteria of infertility in this section, if a person conceives but is unable to carry that pregnancy to live birth, the period of time she attempted to conceive prior to achieving that pregnancy shall be included in the calculation of the one year or six month period, as applicable.
Insured: A subscriber, member, policy holder, certificate holder or his or her covered spouse or other covered dependent.
Insurer: Any company as defined in M.G.L. c. 175, § 1 and authorized to write accident and health insurance; any hospital service corporation as defined in M.G.L. c. 176A, § 1; any medical service corporation as defined in M.G.L. c. 176B, § 1; or any health maintenance organization as defined in M.G.L. c. 176G, § 1.
Non-experimental Infertility Procedure: A procedure which is recognized as such by the American Society for Reproductive Medicine (ASRM), or the American College of Obstetrics and Gynecology (ACOG) or the Society of Assisted Reproductive Technology (SART) or another infertility expert recognized as such by the Commissioner.
