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Expanding Access to Fertility Care for Servicemembers and Dependents Act

H.R. 6094 · 117th Congress · Nov 30, 2021 · Lineage

A BILL

To amend title 10, United States Code, to provide for the coverage of assisted reproductive technology services under the TRICARE program, and for other purposes.

Section 1 Short title

This Act may be cited as the “Expanding Access to Fertility Care for Servicemembers and Dependents Act”.

Sec. 2 Coverage of assisted reproductive technology services under TRICARE program

(a)
Services covered— Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:

“1074p. Assisted reproductive technology services for certain members and dependents

“(a) In general—Any member of the armed forces (including the reserve components) performing active service who is entitled to medical care under the TRICARE program, and any dependent of such a member, shall be entitled to assisted reproductive technology services as part of such medical care, without regard to any of the following:

“(1) Whether the assisted reproductive technology service is related to the treatment of a service-connected disability.

“(2) Whether the member has a serious illness or injury resulting from a service-connected disability.

“(3) The ability of the member or dependent, as applicable—

“(A) to conceive a pregnancy or carry a pregnancy to live birth after an appropriate period of regular, unprotected sexual intercourse; or

“(B) to reproduce, either as an individual or with a partner.

“(4) The sex, gender, sexual orientation, or marital status of the member or dependent, as applicable.

“(b) Definitions—In this section:

“(1) The term “appropriate period” means, with respect to an individual, a period of at least one year, unless the health care provider of the individual determines, based on medical history, age, or physical findings, that a shorter period is appropriate.

“(2) The term “assisted reproductive technology services” includes the following services:

“(A) Assisted reproduction, including intravaginal insemination, intracervical insemination, and intrauterine insemination.

“(B) In-vitro fertilization.

“(C) The preservation of embryos, eggs, or sperm for future use through cryopreservation.

“(D) Such other forms of assisted reproductive technology as determined appropriate by the Secretary.”

(b)
Clerical amendment— The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by inserting after the item relating to 1074o the following new item: