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HB 1282

establishing a commission to advise the department of environmental services on food waste diversion.

2026 Regular Session Introduced by Nick Germana and 1 co-sponsor

HB1282 requires ND PERS health plans to cover infertility diagnosis and treatment with minimums, non-discrimination, plus a legislative report and an expiration in 2027.

Inexpedient to Legislate: MA VV 03/05/2026 HJ 6 P. 18
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Bill Summary · HB 1282

Summary — HB 1282 (North Dakota)

Title: An Act to create and enact a new section to chapter 54‑52.1 of the North Dakota Century Code, relating to public employee fertility health benefits; to provide for a report to the legislative assembly; to provide for application; and to provide an expiration date.

Main purpose

HB 1282 would require the Public Employees Retirement System (PERS) board to provide specified infertility diagnosis and fertility‑treatment benefits under public employee health plans, set minimum coverage standards and non‑discrimination rules, require a PERS report to the Legislature, and make the requirement temporary (with an expiration date unless extended).

Key provisions

  • Definitions: establishes terms including “diagnosis of infertility,” “fertility treatment” (explicitly including genetic testing, assisted reproductive technologies such as oocyte retrieval, IVF, fresh/frozen embryo transfers), “infertility,” “medically necessary,” “monitoring,” and “third‑party reproductive care” (donor gametes or gestational carrier).
  • Required coverage:
    • Coverage for diagnosis of infertility and medically necessary fertility treatment services when recommended by a licensed physician.
    • Specific minimums:
    • Three completed cycles of intrauterine insemination (IUI) per best practices (ASRM standards).
    • Fertility treatment sufficient to achieve two live births, or up to four completed oocyte retrievals with up to four fresh/frozen embryo transfers — using no more than two embryos per transfer.
    • Coverage for third‑party reproductive care when for the benefit of the covered individual or partner.
    • Fertility methods intended to establish a legal parent‑child relationship per chapter 14‑20.
    • Medical/lab services to reduce excess embryo creation, and up to five years of cryopreservation services.
    • Coverage to be provided only when services are performed at facilities conforming to ASRM/ACOG/ASCO standards and otherwise consistent with professional best practices.
  • Consumer protections and limits on plan design:
    • Benefits may not be limited by cost‑sharing (copay, deductible, coinsurance), benefit maximums, waiting periods, or other restrictions that differ from maternity benefits.
    • No special restrictions on fertility medications beyond those applied to other prescription drugs.
    • No unequal treatment of classes protected under state law; no pre‑existing condition exclusions or waiting periods specific to infertility or fertility services.
    • Insurance carriers relying on clinical guidelines that are not reasonably current or that lack specific citations may be committing unfair or deceptive practices under state insurance law.
  • Reporting and extension:
    • PERS must prepare and submit to the 70th Legislative Assembly a bill to repeal this Act’s expiration and extend coverage to all group and individual policies, accompanied by a report on the effects to PERS health programs, utilization, costs, and a recommendation on continuation.
    • The Medicare Part D prescription drug plan is excluded from the reporting requirement.
  • Timeline / application:
    • Applies to health benefits coverage that begins after June 30, 2025 and which does not extend past June 30, 2027.
    • The Act is effective through June 30, 2027, and expires thereafter unless repealed.

Who would be affected

  • Primary: public employees and dependents covered by PERS group health plans (if implemented).
  • Secondary: health carriers administering PERS plans, reproductive medicine providers/clinics, donors and gestational carriers in third‑party arrangements, and state insurance regulators (for enforcement of guideline standards).
  • If later extended per PERS recommendation, all group and individual health insurance policies in the state could be affected.

Procedural / status notes

  • The bill was reported out of the Human Services Committee (committee amendments adopted Feb 10, 2025).
  • According to provided status information, HB 1282 failed to pass second reading (yeas 36, nays 51).
  • If enacted as drafted, the PERS report and proposed bill to remove the expiration would be due to the 70th Legislative Assembly.

Fiscal/implementation

  • The bill text requires PERS to analyze and report utilization and costs; no statewide fiscal estimate is contained in the bill text. Implementation would affect PERS plan design and actuarial/costing work and could change employer/plan costs if coverage is added.

Compiled from official sources — confirm details with the bill’s official record.

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