Sec. 7. Requirement for State Medicaid plans to provide medical assistance for treatment of infertility and prevention of iatrogenic infertility
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Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— in subsection (a)(4)— by striking ; and
(D)and inserting ;
(D); and by inserting before the semicolon at the end the following: ; and
(E)services and supplies to treat infertility and prevent iatrogenic infertility (as such terms are defined in section 2729A(b) of the Public Health Service Act) in accordance with subsection
(ff); and by adding at the end the following new subsection: For purposes of subsection (a)(4)(E), a State shall ensure that the medical assistance provided under the State plan (or waiver of such plan) for treatment of infertility and fertility preservation services complies with the requirements and limitations of section 2729A(c) of the Public Health Service Act in the same manner as such requirements and limitations apply to health insurance coverage offered by a group health plan or health insurance issuer. . Subsections (a)(2)(D) and (b)(2)(D) of section 1916 of the Social Security Act ( 42 U.S.C. 1396o(a)(2)(D) ) are amended by inserting , services and supplies to treat infertility and provide fertility preservation services described in section 1905(a)(4)(E) before , or each place it appears. Section 1916A(b)(3)(B)(vii) of the Social Security Act ( 42 U.S.C. 1396o–1(b)(3)(B)(vii) ) is amended by inserting and services and supplies to treat infertility and provide fertility preservation described in section 1905(a)(4)(E) before the period. Section 1920C of the Social Security Act ( 42 U.S.C. 1396r–1c ) is amended— in the section heading, by inserting after and infertility treatment ; family planning services in subsection (a)— by striking State plan and inserting A State plan ; by striking 1905(a)(4)(C) and inserting section 1905(a)(4)(C), services and supplies to treat infertility and prevent iatrogenic infertility described in section 1905(a)(4)(E), ; and by inserting or in conjunction with an infertility treatment service in an infertility treatment setting before the period. Section 1937(b) of the Social Security Act ( 42 U.S.C. 1396u–7(b) ) is amended by adding at the end the following new paragraph: Notwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage under this section unless such coverage includes medical assistance for services and supplies to treat infertility and provide fertility preservation described in section 1905(a)(4)(E) in accordance with such section. . Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2020. In the case of a State plan approved under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirement before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this section. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.
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- 42 USC 1396o–1(b)(3)(B)(vii)
- 42 USC 1396r–1c
- 42 USC 1396u–7(b)
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Sec. 7
Requirement for State Medicaid plans to provide medical assistance for treatment of infertility and prevention of iatrogenic infertility
Cite42 USC 1396o–1(b)(3)(B)(vii)
Cite42 USC 1396r–1c
Cite42 USC 1396u–7(b)
Cites 5Cited by 0 across 0 sources