Sec. 15. Medicaid coverage of cancer fertility services for cancer survivors

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a ) is amended— in subparagraph (F), by striking ; and and inserting a semicolon; in subparagrah (G), by adding at the end and ; and by inserting after subparagraph

(G)the following new subparagraph: notwithstanding section 1902(a)(10)(B) (relating to comparability), for making medical assistance available for cancer fertility services (as defined in subsection (jj)); ; and Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended by adding at the end the following new subsection: For purposes of section 1902(a)(10)(H) and this subsection, the term cancer fertility services — means fertility treatment and fertility preservation services for individuals diagnosed with cancer who— are undergoing treatment for such cancer where such treatment may lead to iatrogenic infertility; previously underwent such treatment and may be at risk of such infertility due to such treatment; or are preparing to undergo such treatment where such treatment may lead to such infertility; and includes— other services, including experimental and non-experimental services to preserve fertility or treat infertility (as determined by the Secretary, consistent with established medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other professional medical organizations specified by the Secretary); and long-term storage costs— with respect to individuals under the age of 18, for a period of not less than 15 years; and with respect to individuals age 18 or older, for a period of not less than 10 years. Notwithstanding any other provision of this title, in the case of a State (other than the 50 States and the District of Columbia), the requirement stated in section 1902(a)(10)(H) shall be optional. . Section 1916 of the Social Security Act ( 42 U.S.C. 1396o ) is amended— in subsection (a)(2)— in subparagraph (I), by striking at the end , or and inserting a semicolon; in subparagraph (J), by striking at the end ; and and inserting ; or ; and by adding at the end the following new subparagraph: cancer fertility services (as defined in section 1905(jj)); and ; and in subsection (b)(2)— in subparagraph (I), by striking at the end , or and inserting a semicolon; in subparagraph (J), by striking at the end ; and and inserting ; or ; and by adding at the end the following new subparagraph: cancer fertility services (as defined in section 1905(jj)); and . Section 1916A(b)(3)(B) of the Social Security Act ( 42 U.S.C. 1396o–1(b)(3)(B) ) is amended by adding at the end the following new clause: Cancer fertility services (as defined in section 1905(jj)). . Section 2103(c) of the Social Security Act ( 42 U.S.C. 1397cc(c) ) is amended— by redesignating the paragraph

(12)added by section 11405(b)(1) of Public Law 117–169 as paragraph (13); and by inserting after paragraph

(11)the following new paragraph: Regardless of the type of coverage elected by a State under subsection (a), the child health assistance provided for a targeted low-income child, and, in the case of a State that elects to provide pregnancy-related assistance pursuant to section 2112, the pregnancy-related assistance provided for a targeted low-income pregnant woman (as such terms are defined for purposes of such section), shall include coverage of cancer fertility services (as described in section 1905(jj)). . Section 2103(e)(2) of the Social Security Act ( 42 U.S.C. 1397cc(e)(2) ) is amended— in the heading, by inserting after cancer fertility services, ; and covid–19 treatment, by inserting cancer fertility services (as described in section 1905(jj)), after testing or treatments described in section 1916(a)(2)(I) furnished during the period described in such section, . The amendment made by paragraph (1)(A) shall take effect on October 1, 2023. The amendments made by this section (other than the amendment made by subsection (b)(1)(A)) shall apply with respect to medical assistance, child health assistance, and pregnancy-related assistance furnished on or after the date that is 18 months after the date of the enactment of this Act.

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