News & Events

Fox 5 News Interview: Will Vergara be forced to have children?

Posted by yslawgroup on December 13, 2016  /   Posted in News & Events

Media & Events

Fox 5 News Interview: Will Vergara be forced to have children?

Fertility law expert Yifat Shaltiel says the main issue in the battle between actress Sofia Vergara and her ex-fiance Nick Loeb over her frozen embryos is whether she will ultimately be forced to have children against her will.

Surrogacy Cost and Health Insurance (November 2014)

Posted by mark greentree on November 21, 2014  /   Posted in News & Events

Surrogacy Cost and Health Insurance

surrogacyHow to ensure that the gestational carrier’s pregnancy will be covered.

Published by Building Your Family Magazine

By Yifat Shaltiel, Esq.
November 2014

The total cost of surrogacy can range from $50,000 to more than $100,000, so cost is a key concern when choosing this route. One of the largest variables, and an expense that has seen significant change recently, is health insurance for the gestational surrogate.

Surrogacy health insurance options

It used to be common for insurance providers to restrict or deny maternity coverage for surrogate pregnancies. The Affordable Care Act (ACA) now mandates that maternity care be covered by qualified health insurance plans as an “essential health benefit.” However, non-qualified plans, such as self-funded nonfederal governmental plans, union, and some individual carriers as well as some small group plans, may opt to exclude maternity coverage and/or surrogacy-related maternity care. Some plans may also include language that designates intended parents as the responsible parties for surrogacy-related maternity costs. Therefore, it is important to consult a reproductive law attorney or a qualified insurance broker specializing in insurance for reproductive medicine to review the surrogate’s health plan.
If a surrogate does not have coverage or has a plan that excludes surrogacy, intended parents may opt to pay the full costs of the pregnancy and delivery, may use a financial case manager, or may negotiate rates as self pay with all providers. According to a 2013 study by the Truven Health Analytics, the average cost of a non-complicated pregnancy and delivery without insurance is $22,000. However, the complexity of a pregnancy and delivery cannot be predicted and the medical costs associated with a high risk pregnancy can exceed $100,000.

Intended parents may also purchase surrogacy insurance. These policies can be costly, with premiums of approximately $10,000 and deductibles that can start at $15,000 for a singleton pregnancy and $30,000 for two fetuses.

An alternate and more affordable option is to purchase, through the ACA-based insurance exchanges or private insurance companies, an individual plan that may cover the surrogate’s maternity care. The premiums typically range from $300 to $500 per month. Some plans do not have a deductible and all are mandated to cover certain preventative health services, such as screening for gestational diabetes. Out-of-pocket costs for a pregnancy under an individual plan cannot exceed $6,350 for in-network covered services. However, IPs must not neglect to have these plans reviewed to ensure that there is no language excluding surrogate pregnancies.

Navigating ACA enrollment periods

Individuals can purchase health insurance only during an open enrollment period. The open enrollment period for 2015 runs from November 15, 2014 through February 15, 2015. You may sign up during a non-enrollment period if there is a “Qualifying Life Event,” such as marriage, divorce, the birth or adoption of a child, a move, a change in employment status, or the loss of other health care coverage. Pregnancy is not considered a qualifying life event, so it is important to ensure that proper health insurance is secured prior to proceeding with a surrogate.

Deciding on back-up coverage

Even in cases where a surrogate’s health plan is believed to cover a surrogacy pregnancy, some professionals will recommend that intended parents purchase a secondary, or back-up, insurance policy. These policies provide intended parents with the assurance that the surrogacy-related maternity costs will be covered in the event that the surrogate’s primary insurance provider refuses to pay. Secondary plans can be as costly as surrogacy insurance. If the primary insurance covers everything and the back-up insurance is never used, many of these plans offer a refund of 50 percent or more of their total payment or charge only a minimum premium.

http://buildingyourfamily.com/surrogacy/surrogacy-health-insurance-costs/

Yifat Shaltiel featured as Reproductive Law Expert in Expert Webinar: Becoming a Parent Through Surrogacy (September 2014)

Posted by mark greentree on November 21, 2014  /   Posted in News & Events

Yifat Shaltiel featured as Reproductive Law Expert in Expert Webinar: Becoming a Parent Through Surrogacy

Sponsored by Building Your Family Magazine
September 30, 2014

Before embarking on a surrogacy journey, intended parents will have a lot of questions. How do you get started? How much does surrogacy cost? Is surrogacy allowed in my state? What’s involved with working with a carrier in another country? Will insurance cover the surrogate’s pregnancy? How do I find a surrogate? View webinar with assisted reproduction attorney Yifat Shaltiel, Esq. to get answers to all these first questions about surrogacy.

Click Here to View Expert Webinar

Register here for Expert Webinar: Becoming a Parent Through Surrogacy (September 30, 2014 from 1PM to 2PM EDT).

Posted by mark greentree on September 19, 2014  /   Posted in News & Events

Expert Webinar: Becoming a Parent Through Surrogacy

By Expert Yifat Shaltiel, Esq.

Before embarking on a surrogacy journey, intended parents will have a lot of questions. How do you get started? How much does surrogacy cost? Is surrogacy allowed in my state? What’s involved with working with a carrier in another country? Will insurance cover the surrogate’s pregnancy? How do I find a surrogate? Join assisted reproduction attorney Yifat Shaltiel, Esq., in a free webinar to get answers to all these first questions about surrogacy.

For registration: http://buildingyourfamily.com/resources/webinars/expert-webinar-surrogacy-cost-process/

Surrogacy Insurance Coverage in 2014 By Yifat Shaltiel (February 2014)

Posted by Yifat Shaltiel on February 28, 2014  /   Posted in News & Events

Media & Events

Surrogacy Insurance Coverage in 2014

By Yifat Shaltiel, Esq.
February 28, 2014

http://cnyfertility.com/2014/02/28/surrogacy-insurance-coverage-in-2014-by-yifat-shaltiel-esq/

Infertility has been classified as a disease by a number of organizations, including the American Society for Reproductive Medicine (ASRM) and RESOLVE: The National Infertility Association.  However, insurance providers do not consider infertility as a disease and therefore do not consistently cover fertility treatments, leaving most infertility patients with no choice but to pay out-of-pocket for expenses including in-vitro fertilization (IVF).

Once a couple conceives, medical insurance policies cover prenatal care and birth related expenses for infertility patients as they would for any other pregnancy.  However, some couples will turn to surrogacy for a gestational carrier to carry their child.  Regardless of whether the gestational carrier is compensated or not, some insurance providers in the past contained a “surrogacy exclusion” clause in their policies.  This term means that although these insurance providers typically cover pregnancies, they will not cover a pregnancy if the woman who is carrying the child is a surrogate for another individual or couple.

Lack of insurance coverage for a surrogacy pregnancy is very costly and risky for intended parents.  For example, if a surrogate experiences a high risk pregnancy with twins who are born premature via a caesarian section, the intended parents’ out-of-pocket costs can easily exceed $100,000.  While intended parents typically have other insurance coverage choices such as purchasing a surrogacy insurance plan, such plans can be very expensive, and can carry a deductable of $15,000.

The good news is that as of January 1, 2014 insurance providers may potentially be in violation of federal law if they implement a surrogacy exclusion clause in their policy.

The Affordable Care Act (ACA) mandates that certain conditions that are categorized as “essential health benefits” must be covered by insurance providers. The ACA specifically lists certain conditions that are essential health benefits, which include maternal and newborn care.  This means that as of January 1, 2014 all pregnancies must be covered.

The ACA further specifies that insurance providers cannot impose any preexisting condition exclusions. Moreover, if insurance providers continue to discriminate against the infertility community for building their family through a surrogate, such discrimination can be viewed as discrimination based on a pre-existing condition, which is a violation of the ACA.

While surrogacy pregnancies should be covered by every insurance provider, in accordance with the ACA, there is no guarantee that every insurance provider will comply with the mandates of the ACA.  Furthermore, although insurance providers may state that they cover all pregnancies, including a surrogacy pregnancy, some providers may still try to hold other parties liable, such as the intended parents, for the maternity care costs, including pregnancy care and all costs associated with the delivery.  For these reasons, before couples proceed with a surrogate, it is crucial that a Reproductive Law attorney is consulted to ensure that couples will not be liable for the costs of their surrogacy pregnancy.

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