The Other Side of Health Care Reform: An Analysis of the Missed Opportunity Regarding Infertility Treatments

61 Pages Posted: 19 Nov 2011 Last revised: 6 Feb 2014

See all articles by Nizan Geslevich Packin

Nizan Geslevich Packin

City University of NY, Baruch College, Zicklin School of Business; City University of New York - Department of Law

Date Written: October 17, 2011

Abstract

Recent studies show that one in eight American couples suffered from infertility. Infertility treatments are riddled with accessibility barriers including high costs, marital status, and sexual orientation. Despite President Obama’s promise of universal health care, his health care reform acts missed the opportunity to squarely address this widespread problem. In fact, the recent health care reform did not include any provisions specific to fertility. Despite this glaring oversight, this article argues that regulators interpreting the acts can still provide the desired relief. The minimum coverage requirements beginning in 2014 can be interpreted to include fertility care if infertility is treated as a recognized medical condition (as it should be). Despite various potential ideological objections, mandating coverage for infertility treatment will advance four highly desired policies: (i) the promotion of gender equality; (ii) the promotion of a desired health related policy; (iii) the promotion of social justice; and (iv) the promotion of a desired medical related policy.

Suggested Citation

Packin, Nizan Geslevich, The Other Side of Health Care Reform: An Analysis of the Missed Opportunity Regarding Infertility Treatments (October 17, 2011). The Scholar: St. Mary's Law Review on Minority Issues, Vol. 14, No. 1, 2011. Available at SSRN: https://ssrn.com/abstract=1961724

Nizan Geslevich Packin (Contact Author)

City University of NY, Baruch College, Zicklin School of Business ( email )

One Bernard Baruch Way
New York, NY 10010
United States

City University of New York - Department of Law ( email )

New York, NY
United States

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