Colorado Insurance Law

The Colorado Building Families Act will be taking effect in the large group insurance market in January 2023. Learn more about this Colorado insurance law.

Insurance Coverage:
Insurance Coverage

The Colorado Building Families Act will be taking effect in the large group insurance market in January 2023. Because of the hard work of RESOLVE advocates, Colorado Fertility Advocates, and our coalition partners, this pro-family bill was supported by thousands of Coloradans and passed with bipartisan support in 2020 to improve access to care for Coloradans who struggle to build a family as well as those who face potentially sterilizing medical treatments. A clarifying bill was then passed in 2022 to confirm coverage for those in the fully-insured large group market only, effective in 2023. Those in the individual and small group insurance markets will not receive coverage until after the federal department of Health and Human Services determines that coverage for fertility services does not require defrayal by the state, and there is no timeframe or guarantee for such a determination. Learn more about this Colorado insurance law.

So, what does the Colorado Building Families Act actually do? We break it down in this video.

Just to recap, this new law applies to:

The law applies to those who have large group insurance controlled by the state of Colorado – namely, fully-insured employers with more than 100 employees – and provides for three completed egg retrievals and unlimited embryo transfers, as well as fertility preservation for cancer patients and others at risk of medically-induced infertility. Please note that state mandates do not cover self-insured employers, so be sure to check whether your employer is self-insured or fully-insured and part of the large group insurance market.

How many cycles are covered?

This new law provides coverage for three completed egg retrievals and unlimited embryo transfers.

What else should I know?

The Colorado Building Families Act provides coverage for medically necessary fertility preservation treatments. Which means infertility caused by medical intervention such as radiation, medication, or surgery. This means freezing sperm, eggs or embryos before those medical procedures. Again, this coverage is required in commercial insurance plans in the large group market only.

The law also features a definition of infertility that is inclusive of the LGBTQ+ community and unpartnered individuals.

How do you know if this change impacts you?

Ask your employer if the health insurance provided is controlled by Colorado. If it is, then ask if the health insurance plan is fully insured or not. If it is, then find out if your employer is part of the large group market. If it is, then you are covered for IVF and fertility preservation starting in 2023.

If you are unsure if this law applies to you, open enrollment is a great time to verify these benefits with your HR department or benefits manager. You can even share this video to make sure they are aware of the changes.

If you don’t fit into one of these scenarios, please check out our extensive Coverage at Work resources to help you ask your employer to voluntarily add this coverage. Have more questions? Email advocacy@resolve.org.