Gay couple who were denied IVF benefits sue NYC over claims city’s health plan discriminates against males in same-sex relationships

A gay couple has sued New York City, claiming its infertility laws violate the rights of same-sex couples.

Corey Briskin and Nicholas Maggipinto say their insurance wrongfully denied them coverage for in vitro fertilization (IVF), even though their plan provides three rounds of IVF coverage for women.

In a unique class action lawsuit, the couple argues that the city is violating their rights under Title VII of the Civil Rights Act of 1964, which says employers cannot discriminate against someone based on their sex.

Men do not receive IVF coverage in the city because they are not considered infertile, as reported by the city Supporter.

The couple has argued for years that NYC’s IVF benefits accommodate heterosexual and lesbian couples, as well as single women, but not gay men.

The couple has argued for years that NYC’s IVF benefits accommodate heterosexual and lesbian couples, as well as single women, but not gay men.

Briskin and Maggipinto married in 2016, and Briskin began working as an assistant district attorney in Manhattan the following year.

Although he left that job in 2022 to make more money and pay for surrogacy, both men are still covered by the federal law COBRA for three more years.

“There have been plenty of opportunities for the city to change policy over the past two years, but they haven’t done so, without explanation,” Briskin told The Guardian.

The lawsuit claims: “By defining ‘infertility’ in this exclusionary manner, single female employees, female employees with male partners, female employees with female partners, and male employees with female partners may always be eligible for certain IVF benefits under of the city’s health care plan. , but homosexual male employees – individually or with male partners – are never eligible for IVF benefits.’

The couple plans to first use IVF to combine an egg with sperm in a laboratory and then work with a surrogacy agency to find someone who can carry the baby, they said. NBC News.

A city spokesperson told the Advocate: “New York City has been a leader in offering IVF treatment for any city employee or dependent covered by the city’s health plan who has shown evidence of infertility, and our policy addresses all people covered by the program. equally, regardless of gender identity or sexual orientation.”

Coverage of fertility treatments has become increasingly common in recent years, especially among employers keen to recruit and retain employees.

According to benefits consultant Mercer, 45 percent of employers with 500 or more employees offered IVF coverage last year.

That’s an increase from 36 percent in 2021. Many are setting limits on the number of treatment cycles or setting a lifetime maximum for benefits.

Many insurers also cover artificial insemination as a standard benefit for all policyholders, according to Sean Tipton of the American Society for Reproductive Medicine.

Earlier this month, Aetna agreed to settle a lawsuit accusing the health insurer of discriminating against LGBTQ+ customers needing fertility treatment.

The insurer will make artificial insemination coverage standard for all customers nationally and ensure patients have equal access to more expensive in vitro fertilization procedures, according to the National Women’s Law Center, which represented the plaintiffs in the case.

Aetna will also set aside a $2 million fund to reimburse people who had coverage through some of its commercial insurance plans in New York and were denied reimbursement for artificial insemination, a procedure in which sperm is placed directly into a woman’s uterus.

A federal judge must still approve the deal.