[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2758 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2758

To amend title XVIII of the Social Security Act to provide for coverage 
   under the Medicare Program of infertility treatment services for 
individuals entitled to health insurance benefits under that program by 
                        reason of a disability.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to provide for coverage 
   under the Medicare Program of infertility treatment services for 
individuals entitled to health insurance benefits under that program by 
                        reason of a disability.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Infertility Coverage Act of 
2005''.

SEC. 2. COVERAGE OF INFERTILITY TREATMENT SERVICES.

    (a) Coverage of Services.--Section 1861(s)(2) of the Social 
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
            (1) in subparagraph (Y), by striking ``and'' at the end;
            (2) in subparagraph (Z), by adding ``and'' at the end; and
            (3) by inserting after subparagraph (Z) the following new 
        subparagraph:
            ``(AA) infertility treatment services for individuals 
        entitled to benefits under this title by reason of section 
        226(b);''.
    (b) Definition.--Section 1861 of such Act (42 U.S.C. 1395x) is 
amended by adding at the end thereof the following new subsection:

                    ``Infertility Treatment Services

    ``(bbb)(1) The term `infertility treatment services' means, with 
respect to an individual entitled to benefits by reason of section 
226(b), diagnosis and treatment (described in paragraph (2)) by a 
physician (as defined in subsection (r)(1)).
    ``(2)(A) Treatment referred to in paragraph (1) includes 
prescription drugs and biologicals and supplies used in the 
administration of such drugs or biologicals, and includes assisted 
reproductive technology procedures described in subparagraph (B).
    ``(B) Assisted reproductive technology procedures referred to in 
subparagraph (A) are the following:
            ``(i) Artificial insemination.
            ``(ii) In vitro fertilization.
            ``(iii) Embryo transfer and gamete intrafallopian transfer.
            ``(iv) Intravaginal insemination.
            ``(v) Intracervical insemination.
            ``(vi) Intrauterine insemination.
            ``(vii) Any other assisted reproductive technology 
        procedure identified by the Secretary.
            ``(viii) Services and supplies related to such 
        procedures.''.
    (c) Payment Under Physician Fee Schedule.--Section 1848(j)(3) of 
such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(AA),'' 
after ``(2)(W),''.
    (d) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after the date that is 1 year after 
the date of the enactment of this Act.
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