One Woman’s Advocacy Pays Off As Fertility Treatment Coverage Bill Passes

June 04--Melissa Thompson was 32 and had just given birth to her first child, a daughter named Poppy, when she was diagnosed with stage-three breast cancer.

While weighing potentially life and death decisions about her treatment, the Stamford woman also faced questions about her future fertility. That's because the chemotherapy needed to treat her cancer was likely to render her infertile, foreclosing the opportunity to expand her family.

Thompson opted to undergo a procedure that would retrieve her eggs for a future pregnancy, but after learning that her infertility was linked to her cancer diagnosis, her health insurer reversed its pre-authorization of the treatment, leaving her on the hook for a procedure that cost more than $10,000.

For more than eight months, Thompson, a former analyst at Goldman Sachs, has led an effort to change state law regarding insurance coverage for fertility treatments for those who have undergone cancer procedures or faced another health issue that affected their ability to have children.

Late Friday, her relentless advocacy paid off when the Senate gave final legislative approval to House Bill 7124; the measure now heads to Gov. Dannel P. Malloy for consideration.

Lawmakers credited Thompson's heartrending personal story and unyielding commitment for the measure's unanimous approval in both houses of the General Assembly. She sat on the president's platform in the ornate Senate chamber next to Lt. Gov. Nancy Wyman as members discussed the bill. Immediately after the vote tally, senators and staffers burst into applause, an unusual show of support in a room generally marked by decorum and restraint.

"I'm a little overwhelmed," an emotional Thompson said Friday night, in between congratulatory hugs from lawmakers. "It will give newly diagnosed cancer patients peace of mind."

Sen. Carlo Leone, D-Stamford, said the proposal would provide a measure of solace and hope. "This piece of legislation affords a woman the ability to preserve their eggs in the hopes that they can overcome this dreaded disease, in the hopes that they have a chance at a future family," he said. "Who are we to take away that hope? Who are we to prevent that from happening?"

Supporters of the bill say it was carefully crafted to ensure that it does not constitute a new mandate on health insurance companies. "Fertility coverage is already required in statutes, and so were not adding anything," said Rep. Matt Lesser, D-Middletown. "We're updating the definition [of infertility] to allow the coverage to include fertility preservation."

The governor's office, which has complained in recent days about the impact legislative mandates would have on the state's insurance industry, views this bill more favorably.

"While we must review every piece of legislation thoroughly, we commend the proponents of this bill for their thoughtful, industry-informed approach to this proposal," said Meg Green, a spokeswoman for Gov. Dannel Malloy. "This is exactly what Governor Malloy has called for -- when addressing gaps in coverage, policymakers should also consider the insurance industry's expertise and the impact legislation will have on health care costs for all consumers."

Lesser, who was diagnosed with cancer just after his 29th birthday and has been a strong supporter of the bill, said it was negotiated in consultation with Insurance Commissioner Katharine L. Wade.

Under the measure, health insurance companies would still be permitted to impose certain specified limits on coverage for fertility treatments. But current law limits that coverage to those who are presumably healthy and unable to conceive or sustain a successful pregnancy during a one-year period. By removing the "presumably healthy" limitation, the bill would extend fertility coverage to those who have been diagnosed with cancer or other illnesses.

Thompson said preventing cancer patients from accessing fertility coverage "just didn't feel right to me." She was diagnosed in September 2015, shortly after her daughter was born. She had trouble breastfeeding, and her doctor initially suspected mastitis, a breast infection that sometimes afflicts nursing mothers. But after an ultrasound revealed a tumor, Thompson underwent a double-mastectomy, followed by chemotherapy.

Bills aimed at preventing insurers from restricting coverage for cancer patients have been introduced in the past but never gained much traction. Lawmakers said Thompson's advocacy made the difference.

"Melissa has brought it home to everyone how incredibly important it is to be able to have a path to new life," said Sen. Toni Boucher, R-Wilton. "To be here and to literally be in our faces in a nice and warm way was very helpful."

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