Case 4:23-cv-01849-HSG Document 45 Filed 09/01/23 Page 1 of 35

of Or., 15 925 F.3d 1133 (9th Cir. [...] 4:23-cv-01849-HSG Case 4:23-cv-01849-HSG Document 45 Filed 09/01/23 Page 6 of 35 Kermanshah v. [...] 4:23-cv-01849-HSG Case 4:23-cv-01849-HSG Document 45 Filed 09/01/23 Page 8 of 35 Taylor v. [...] 4:23-cv-01849-HSG Case 4:23-cv-01849-HSG Document 45 Filed 09/01/23 Page 11 of 35 1 benefits, instead of having to pay thousands of dollars out of pocket and having to undergo 2 medically unnecessary treatments that could harm her health. [...] 5 In January 2023, Aetna altered the language but not the substance of its definition of 6 “infertile” in its Infertility Policy to state, in relevant part: 7 For purposes of this policy, a person is considered infertile if unable to conceive or produce conception after 1 year of egg-sperm contact when the female attempting 8 conception is under 35 years of age, or after 6 months [of] egg-sperm co.