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Code · BILL · 118th Congress · S. 4445 (Placed on Calendar Senate) — To protect and expand nationwide access to fertility treatment, including in vitro fertilization. · Sec. 212

Sec. 212. Fertility treatment and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans

994 words·~5 min read·/bill/118/s/4445/pcs/section-212·

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Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: Notwithstanding any other provision of law, including the surrogacy laws of any State, the Secretary shall furnish fertility treatment and counseling for the benefit of a covered veteran to the veteran and the spouse, partner, gamete donor, or gestational surrogate of the veteran if the veteran, and the spouse, partner, gamete donor, or gestational surrogate of the veteran, as applicable, each provide informed consent for such treatment and counseling, including for each cycle of treatment authorized under this section, through a process prescribed by the Secretary.
Fertility treatment and counseling shall be furnished under paragraph
(1)without regard to the sex, sexual characteristics, gender identity, sexual orientation, infertility diagnosis, or marital status of the covered veteran or their partner. In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish to an individual under such paragraph— not more than three completed oocyte retrievals; and unlimited embryo transfers. The Secretary shall only furnish fertility treatment and counseling under paragraph
(1)to a covered veteran who is required to pay to the United States a copayment amount as a condition for the receipt of hospital care, medical services, or medications under this chapter if the covered veteran agrees to pay such applicable copayment amount to the United States for such treatment and counseling. If a covered veteran is unable to provide their reproductive genetic material for purposes of fertility treatment under subsection (a), the Secretary shall, at the election of such veteran— allow such veteran to receive such treatment with donated reproductive genetic material, if the donor provides informed consent for use of such material; and pay or reimburse the veteran, donor, or a party acting on behalf of the donor the reasonable costs of procuring such material from the donor. The Secretary may pay or reimburse a covered veteran a reasonable amount for personal travel and incidental expenses associated with procuring material from a donor under paragraph (1). The Secretary shall carry out an outreach and training program to ensure veterans and health care providers of the Department are aware of— the availability of and eligibility requirements for fertility treatment and counseling under this section; and any changes to fertility treatment and counseling covered under this section. Issues or disputes regarding ownership of reproductive genetic material or future use or disposition of such material shall be the sole responsibility of the covered veteran, the spouse, partner, or gestational surrogate of the veteran, as applicable, and the private facility storing such material. As a condition of the use of donated gametes or embryos under this section, the third-party donor and a provider of fertility treatment that has entered into a contract or agreement with the Secretary to provide such treatment under this section are required to enter into an arrangement or agreement governing the terms of the donation, to include ultimate disposition of any remaining gametes or embryos once a covered veteran has exhausted the fertility treatment available under this section, unless the veteran or the spouse or partner of the veteran has agreed to assume liability for the continued preservation of any remaining gametes or embryos and the Department is not party to the arrangement or agreement for such continued preservation. The role of the Secretary under this section is limited to furnishing the treatment and counseling required under this section when requested by a covered veteran and determined necessary by the Secretary. The Secretary will not have ownership or custody of any reproductive genetic material obtained pursuant to treatment under this section and will not be involved in the ultimate disposition of such material or disputes between or among any parties with respect to such material. Nothing in this section shall be construed to require the Secretary— to find or certify a gestational surrogate for a covered veteran or to connect a gestational surrogate with a covered veteran; or to furnish maternity care to a covered veteran or spouse, partner, or gestational surrogate of a covered veteran beyond what is otherwise required or authorized by law. In this section: 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. The term fertility treatment includes the following: Preservation of human oocytes, sperm, or embryos for later reproductive use. Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination. Assisted reproductive technology, including in vitro fertilization and other treatments or procedures in which reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos, are handled, when clinically appropriate. Genetic testing of embryos. Medications prescribed or obtained over-the-counter, as indicated for fertility. Gamete donation. Such other information, referrals, treatments, procedures, medications, laboratory testing, technologies, and services relating to fertility as the Secretary determines appropriate. The term gestational surrogate means an individual who agrees to become pregnant through in vitro fertilization under a gestational surrogacy agreement using gametes that are not the gametes of that individual. The term partner , with respect to a covered veteran, means an individual selected by the veteran who agrees to be a parent, with the veteran, of a child born as a result of the use of any fertility treatment under this section. . The table of sections at the beginning of subchapter II of chapter 17 of such title is amended by inserting after the item relating to section 1720J the following new item: 1720K. Fertility treatment and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans. . The authority under section 234 of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024 (division A of Public Law 118–42 ), or any similar authority subsequently enacted by law, shall cease on the effective date of regulations prescribed to carry out section 1720K of title 38, United States Code, as added by subsection (a).
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  • Pub. L. 118-42
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Sec. 212
Fertility treatment and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans
Pub. L.Pub. L. 118-42
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