(3) The policy may limit the covered individual to a maximum of 4 completed oocyte retrievals, except that if the individual has a living child, then the policy may limit coverage to 2 completed oocyte retrievals.

(4)__For procedures for intrauterine inseminations and procedures requiring oocyte retrievals that also involve the use of donor gametes or a gestational carrier, the policy may cover only medical expenses and the number of procedures may be limited as permitted in this subsection.

(5) The policy may require that procedures be performed at medical facilities that conform to the American Society for Reproductive Medicine guidelines as outlined by the Society for Assisted Reproductive Technology or a successor organization;

D.__For procedures using cryopreserved embryos, all costs, except for storage costs, must be covered; and

E.__The policy may not include coverage for procedures defined by the American Society for Reproductive Medicine or a successor organization as experimental or investigational.

4.__Exclusion for religious employer.__A religious employer may request and an insurer shall grant an exclusion under the policy or contract for the coverage required by this section if the required coverage conflicts with the religious employer's bona fide religious beliefs and practices.__A religious employer that obtains an exclusion under this subsection shall provide prospective insureds and those individuals insured under its policy written notice of the exclusion. This subsection may not be construed as authorizing an insurer to exclude coverage for medically necessary procedures or for prescription drugs prescribed for reasons other than infertility purposes.__For the purposes of this subsection, "religious employer" means an employer that is a church, convention or association of churches or an elementary or secondary school that is controlled, operated or principally supported by a church or by a convention or association of churches as defined in 26 United States Code, Section 3121(w) (3) (A) and that qualifies as a tax-exempt organization under 26 United States Code, Section 501(c) (3).

Sec. 3. 24-A MRSA §4252 is enacted to read: