Lesbian couples challenge NJ law requiring heterosexual sex before fertility coverage

Posted by | August 11, 2016 19:02 | Filed under: News Behaving Badly


Gay women are required to have unprotected heterosexual sex to prove infertility before qualifying for infertility coverage in New Jersey.

One of the two couples bringing the lawsuit, Marianne and Erin Krupa, said they suffered six miscarriages between them and paid $50,000 for treatments while being denied coverage. The suit stated that they have tried to conceive a child since 2013.

“Right away, we were told that without having sexual intercourse, we would not be covered,” Marianne Krupa told WABC-TV.

The suit targeted the Department of Banking and Insurance for allegedly failing to update its definition of an infertile couple in the wake of the legalization of same-sex marriages. New Jersey is one of 15 states requiring insurance companies like Horizon Blue Cross Blue Shield, the Krupas’ provider, to provide such coverage. However, only California and Maryland have added language covering same-sex couples into their legislation.

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By: Alan

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49 responses to Lesbian couples challenge NJ law requiring heterosexual sex before fertility coverage

  1. whatthe46 August 11th, 2016 at 19:30

    so now they want to force someone to have sex with whom they are not attracted to. well, you first asswipes. just when you think they can’t get anymore disgusting. there are millions of women who have not been able to have children who are heterosexual and have tried by conventional means, time and time again who must resort to in vitro and even then it may not work. these women should not be forced to fk some guy to test these waters. do they cover women who are not lesbians but want a child and not by “conventional” methods because they DON’T want to have a man involved, but rather use a sperm bank? to hell with this war on “christian” crap, it’s these “christians” who have waged war against women!

    • Roctuna August 11th, 2016 at 20:45

      Another in the long list of the “small gov”t” cons legislating their morality and regulating everyone’s bedrooms.

    • Kick Frenzy August 11th, 2016 at 21:38

      To be fair, it sounds like more an issue of a couple “i’s and t’s” not being dotted or crossed than someone refusing them coverage on the basis of a personal belief.
      Not that it’s all honky dory, but it sounds like the suit is more a formality than anything else.

      Still, I hope it gets taken care of quickly.
      That’s absurd!

      • whatthe46 August 11th, 2016 at 22:10

        well, when you find health coverage, and i’m speaking from the point of view of heterosexual couples, is it “normal” to look for a clause that will decide whether or not one must be heterosexual to receive infertility coverage? no.

        • Kick Frenzy August 11th, 2016 at 23:22

          No, but it is normal to find that infertility is determined by the inability to get pregnant from intercourse.
          Not because it’s trying to exclude anyone, but because when it was written, it was probably just a matter of course to think “in order to judge viability of getting pregnant, the couple would have had to have failed at getting pregnant”, without considering what a married gay couple would experience, when it was illegal for there to be married gay couples at the time it was written.

          As I say, I’m easily on the side of this being rectified in favor of the lesbian couple… or any couple, for that matter.

        • The Original Just Me August 12th, 2016 at 21:14

          Under ACA the insurance company has to cover all prior conditions. Is homosexuality a prior condition ?

          • whatthe46 August 12th, 2016 at 21:42

            i didn’t know it was a condition at all.

    • The Original Just Me August 12th, 2016 at 21:12

      What if the guy they have sex with has had a Vasectomy ? Does it still count ?

      • whatthe46 August 12th, 2016 at 21:43

        that would be a very fk’d up joke to play on them don’t ya think. i shudder.

        • The Original Just Me August 13th, 2016 at 00:12

          I was just thinking of the rule. Does it say the man has to be fertile ?

  2. mistlesuede August 12th, 2016 at 01:17

    Is the insurance company going to send someone to observe this activity? How else would they know if this was done?

    • bpollen August 12th, 2016 at 06:15

      Hi, my name’s Beard. James Beard. I totally had heterosexual relations with this woman.

      • mistlesuede August 12th, 2016 at 10:25

        That would be difficult since he has passed on! :)

        • bpollen August 12th, 2016 at 14:55

          Though I was using that name because of “beard”… the hetero person who pretends to be a gay person’s sweetie.

          I forgot about the cookbook author… Maybe I should have said Shlomo Beard?

          • mistlesuede August 12th, 2016 at 16:11

            I got it now. Don’t mind me. LOL
            That would be Beardsell wouldn’t it?

            • bpollen August 13th, 2016 at 02:36

              Shlomo Beardsell?

              I am SO confused now…

              • mistlesuede August 14th, 2016 at 00:18

                That makes two of us! :)
                Never mind.

          • katkelly57 August 13th, 2016 at 02:22

            Mr. Ima Beard.

            • bpollen August 13th, 2016 at 02:48

              Or, for the other gender, Mia Beard.

    • The Original Just Me August 12th, 2016 at 21:08

      An insurance agent gets to do the deed.

      • mistlesuede August 12th, 2016 at 23:52

        I’m not so sure that is a good job.

        • The Original Just Me August 13th, 2016 at 00:10

          To go where no man has ever gone before. I think I need to go to bed. Have a peaceful sleep. :+)

          • mistlesuede August 13th, 2016 at 00:18

            You left out “boldly.” To go boldly where no man has ever gone before. And this would be boldly.
            Are you worn out tonight? It seems early for you to call it a night.
            Sleep well Original.

            • The Original Just Me August 13th, 2016 at 00:27

              I’ll be Bold tomorrow. I haven’t been doing real well lately. Just totally tired out all the time. I am in stage four Kidney failure and it is having it’s effect on me. More tests next month. I was sitting out at one this morning watching the shooting stars. Then I got to thinking there in the quiet. God, I’ve done a lot in my life. I really have used up my body but I had fun. I ain’t through yet but maybe it is time to give some consideration to taking care of myself. NAW, I’ll do that tomorrow. Good Night.

              • mistlesuede August 13th, 2016 at 00:50

                Is there are way you can turn that around Original? Tell me about it tomorrow after you have a good nights sleep.

                • The Original Just Me August 13th, 2016 at 10:44

                  The kidneys basically do two things. Remove fluid and filter waste and toxins from the blood. Mine still do the fluid thing but are not doing much filtering. Dialysis takes about three days a week out of life and costs about $40,000 a month. A replacement costs at least $260,000 and you have about $2,000 a month for anti-rejection drugs the rest of your life. I ain’t worth that kind of money. As long as I can keep getting along so as to care for my wife, that is all that matters. There is also the down time during which there would basically no one to watch my wife. I have a good Doctor and I’ll get along for now. As long as I can help people laugh, life is Good.

                  • mistlesuede August 14th, 2016 at 00:16

                    I’m sorry to be so late replying Original and to hear what you have going on. :(
                    Will your insurance pay for any of these things? Then you could afford to have someone come in to stay with your wife when/if needed. I hope you find the right solution because she will need you for a long time. You may have to have treatment for her sake even if you don’t think it’s worth it.

                    • whatthe46 August 14th, 2016 at 00:39

                      i feel so sad right now.

                    • mistlesuede August 14th, 2016 at 00:59

                      I know whatthe. I have two wonderful friends here now who are sick and another online friend who is sick with worry over his sister who is trying to recover from a major, life altering operation. My heart goes out to all three and some days it all gets me down.

                    • The Original Just Me August 15th, 2016 at 14:05

                      I’ve had a Good Run at Life. I have been a Wee Bit Rough on my body but, Hey that’s what it’s for. With the other problems I have there ain’t no sense in getting started with trying to fix this body up at this late date. 71 years is almost enough. Like I said, I have no regrets and I only want to out last my wife so I can keep track of her. I’m selfish and I don’t want nobody else to enjoy her. LOL :+)

                    • mistlesuede August 15th, 2016 at 14:57

                      Your sentiments are beautiful regarding your wife. You have to make sure that you do outlast her though. Wouldn’t that mean some medical intervention?

                    • The Original Just Me August 15th, 2016 at 15:23

                      No, considering all things, she is doing okay. :+)

                    • mistlesuede August 15th, 2016 at 17:09

                      You must make every moment count.

  3. Jimmy Fleck August 12th, 2016 at 13:01

    Isn’t the first step in infertility treatment to test the woman for ovulation, uterus issues, etc.? If everything checks out as normal then she would not likely be infertile and therefore why would an insurance plan need to cover infertility treatments? I would think the same rules would be in place for a single woman looking to conceive a child as well.

    • whatthe46 August 12th, 2016 at 13:10

      Did you only read the headline? They suffered six miscarriages between the two of them.

      • Jimmy Fleck August 12th, 2016 at 13:22

        What would infertility treatments do to stop a miscarriage? Infertility treatments get you pregnant, not necessarily get you to delivery.

  4. The Original Just Me August 12th, 2016 at 21:07

    Screw that Law.

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