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Fertility treatment for certain members of the Armed Forces and dependents

Division A · Title VII: Health Care Provisions · Subtitle A: TRICARE and Other Health Benefits

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Active duty members of the military and their dependents will have fertility-related care covered under TRICARE, including up to three in vitro fertilization procedures per year with single embryo transfers unless medically necessary otherwise. The Department of Defense will not use funds for certain practices like genetic screening or surrogacy, and there will be no waiting periods once infertility is diagnosed. Additionally, a program will be created to coordinate fertility care and provide training to healthcare providers to support military members and their families.

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Section Text · Sec. 703.
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(a) Fertility treatment

Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:

1074p. Fertility treatment for certain active duty members of the armed forces and dependents

(a) Coverage

The Secretary shall ensure that fertility-related care for a covered member (or a dependent of such a member) shall be covered under TRICARE Prime and TRICARE Select.

(b) In vitro fertilization

In the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a)—

(1)

three completed oocyte retrievals may be furnished per calendar year; and

(2)

single embryo transfers shall be provided unless otherwise medically indicated in accordance with the guidelines of the American Society for Reproductive Medicine.

(c) Cost sharing and other limitations

The Secretary shall ensure that cost-sharing amounts for an individual who receives fertility-related care under this section are determined under section 1075, 1075a, or other applicable provision of this chapter in accordance with the kind of care provided (such as an in-network inpatient visit) and without regard to whether the care is fertility-related care. The Secretary may not impose any waiting periods or other limitations once the individual has received a medical diagnosis of infertility.

(d) Prohibitions

Funds available to the Department of Defense may not be used for preimplantation genetic screening, human cloning, international surrogacy, or artificial womb technology.

(e) Definitions

In this section:

(1)

The term covered member means—

(A)

a member of the Army, Navy, Marine Corps, Air Force, or Space Force, serving on active duty; and

(B)

does not include a former member of the armed forces.

(2)

The term infertility means a disease, condition, or status characterized by—

(A)

the failure to establish a pregnancy or to carry a pregnancy to live birth after regular, unprotected sexual intercourse in accordance with the guidelines of the American Society for Reproductive Medicine;

(B)

the inability of an individual to reproduce without medical intervention either as a single individual or with the partner of the individual; or

(C)

the findings of a licensed physician based on the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, of the individual.

(3)

The term fertility-related care means—

(A)

the diagnosis of infertility; and

(B)

fertility treatment.

(4)

The term fertility treatment includes the following:

(A)

In vitro fertilization or other treatments or procedures in which human oocytes, embryos, or sperm are handled when clinically appropriate.

(B)

Sperm retrieval.

(C)

Egg retrieval.

(D)

Preservation of human oocytes, embryos, or sperm.

(E)

Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination.

(F)

Transfer of reproductive genetic material.

(G)

Medications as prescribed or necessary for fertility.

(H)

Fertility treatment coordination.

(I)

Such other information, referrals, treatments, procedures, testing, medications, laboratory services, technologies, and services facilitating reproduction as determined appropriate by the Secretary of Defense.

(b) Program on fertility treatment coordination

Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section:

1110c. Program on fertility-related care coordination

(a) In general

The Secretary of Defense shall establish a program on the coordination of fertility-related care by the Secretary for purposes of ensuring patients receive timely fertility-related care.

(b) Training and support

In carrying out the program established under subsection (a), the Secretary shall provide to community health care providers training and support with respect to the unique needs of members of the armed forces and the dependents of such members.

(c) Conforming amendment

Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(21)

Fertility-related care shall be provided in accordance with section 1074p of this title.

(d) Exclusion from contracts for former members and their dependents

Section 1086(a) of such title is amended by striking eye examinations and and inserting eye examinations, fertility-related care pursuant to paragraph (21) of such section, and .

(e) Application

The amendments made by this section shall apply with respect to services provided on or after October 1, 2028.