[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 544 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 544

   To amend title 38, United States Code, to direct the Secretary of 
  Veterans Affairs to provide coverage for infertility treatment and 
   standard fertility preservation services, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2023

 Ms. Brownley introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to direct the Secretary of 
  Veterans Affairs to provide coverage for infertility treatment and 
   standard fertility preservation services, and for other purposes.

    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 ``Veterans Infertility Treatment Act 
of 2023''.

SEC. 2. INFERTILITY TREATMENTS FOR VETERANS.

    (a) Authority.--Chapter 17 of title 38, United States Code, is 
amended by inserting after section 1720J the following new section (and 
conforming the table of sections at the beginning of such chapter 
accordingly):
``Sec. 1720K. Infertility treatment and standard fertility preservation 
              services
    ``(a) Treatment and Services.--(1) In furnishing medical services 
under this chapter, at the election of a covered individual and subject 
to paragraph (4), the Secretary shall furnish to the covered individual 
infertility treatments (including through the use of assisted 
reproductive technology), standard fertility preservation services, or 
both.
    ``(2) In the case of in vitro fertilization treatment furnished 
under paragraph (1), the Secretary may furnish to a covered individual 
under such paragraph not more than three completed in vitro 
fertilization cycles that result in live birth or 10 attempted in vitro 
fertilization cycles, whichever occurs first.
    ``(3) The Secretary may furnish in vitro fertilization treatment 
under paragraph (1) using donated gametes or embryos.
    ``(4) The Secretary may not furnish to a covered individual an in 
vitro fertilization cycle or other treatment or service under paragraph 
(1) unless the Secretary receives consent for such cycle, treatment, or 
service from each of the following:
            ``(A) The covered individual.
            ``(B) If the covered individual is a partner of a covered 
        veteran, the covered veteran.
            ``(C) If applicable, the third-party donor.
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to require the Secretary to furnish maternity care to a 
covered individual, in addition to what is otherwise required by 
section 1786 of this title or other provisions of law.
    ``(c) Relationship to State Law.--The legal status, custody, future 
use, donation, disposition, or destruction, of gametes or embryos 
relating to treatment or services furnished under this section shall be 
determined in accordance with the law of the State in which the gametes 
or embryos are located.
    ``(d) Payments for Beneficiary Travel for Partners.--For purposes 
of paying travel expenses under section 111 of this title for treatment 
or services furnished under this section to a partner of a covered 
veteran, the Secretary shall deem the partner to be a veteran receiving 
treatment or care under this chapter.
    ``(e) Definitions.--In this section:
            ``(1) The term `assisted reproductive technology' includes 
        in vitro fertilization and other infertility treatments.
            ``(2) The term `covered individual' means a covered veteran 
        or a partner of a covered veteran.
            ``(3) The term `covered veteran' means a veteran who is 
        enrolled in the system of annual patient enrollment established 
        under section 1705(a) of this title and--
                    ``(A) has infertility; or
                    ``(B) is at risk of having infertility, as 
                determined by a licensed physician based on--
                            ``(i) the medical, sexual, and reproductive 
                        history, age, physical findings, or diagnostic 
                        testing, or a combination thereof, of the 
                        veteran; or
                            ``(ii) any planned medication therapy, 
                        surgery, radiation, chemotherapy, or other 
                        medical treatment.
            ``(4) The term `infertility' means a disease, condition, or 
        status characterized by--
                    ``(A) the inability of a person to reproduce either 
                as an individual or with the partner of the individual; 
                or
                    ``(B) the failure to conceive a pregnancy or to 
                carry a pregnancy to live birth after one year of 
                regular, unprotected sexual intercourse.
            ``(5) The term `partner', with respect to a veteran, means 
        an individual selected by the veteran who agrees to share with 
        the veteran the parental responsibilities with respect to any 
        child born as a result of the use of any infertility treatment 
        under this section.
            ``(6) The term `standard fertility preservation service' 
        includes the procurement, cryopreservation, and storage of 
        gametes and embryos.''.
    (b) Applicability; Regulations.--
            (1) Applicability.--Except as provided by paragraph (3)(A), 
        section 1720K of title 38, United States Code, as added by 
        subsection (a), shall apply with respect to infertility 
        treatment and standard fertility preservation services 
        furnished by the Secretary of Veterans Affairs beginning on the 
        date on which the Secretary prescribes regulations under 
        paragraph (2).
            (2) Regulations.--Not later than one year after the date of 
        the enactment of this Act, the Secretary shall prescribe 
        regulations to carry out section 1720K of title 38, United 
        States Code, as added by subsection (a).
            (3) Interim policies.--
                    (A) Continuity of services.--Except as provided by 
                subparagraph (B), an individual who on the day before 
                the date on which the Secretary prescribes regulations 
                under paragraph (2) is receiving counseling and 
                treatment furnished by the Secretary pursuant to 
                existing infertility authority may elect to--
                            (i) continue receiving such counseling and 
                        services pursuant to the existing infertility 
                        authority, subject to the limitations of that 
                        authority; or
                            (ii) begin receiving such counseling and 
                        services pursuant to section 1720K of title 38, 
                        United States Code, as added by subsection (a), 
                        subject to the limitations of that section that 
                        shall be applied in a manner that recognizes 
                        such counseling and services previously 
                        furnished under the existing infertility 
                        authority.
                    (B) Expansion of services.--During the period 
                beginning 180 days after the date of the enactment of 
                this Act and ending on the date on which the Secretary 
                prescribes regulations under paragraph (2), the 
                Secretary shall ensure that counseling and treatment 
                furnished pursuant to existing infertility authority 
                include the following elements:
                            (i) The Secretary may furnish such 
                        counseling and treatment to the partner of a 
                        veteran covered by such provision without 
                        regard to whether the partner and veteran are 
                        married.
                            (ii) The Secretary may furnish such 
                        counseling and treatment using donated gametes 
                        or embryos.
            (4) Definitions.--In this subsection:
                    (A) The term ``existing infertility authority'' 
                means section 234(a)(1) of the Military Construction, 
                Veterans Affairs, and Related Agencies Appropriations 
                Act, 2022 (division J of Public Law 117-103; 136 Stat. 
                556), or other provisions of law administered by the 
                Secretary of Veterans Affairs enacted before the date 
                of the enactment of this Act that provide authority to 
                the Secretary to furnish fertility counseling and 
                treatment.
                    (B) The term ``partner'' has the meaning given that 
                term in section 1720K of title 38, United States Code, 
                as added by subsection (a).
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