Sec. 705. Fertility treatment for certain members of the uniformed services and dependents
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Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section: The use of fertility treatment (including in vitro fertilization) by a member of the uniformed services on active duty (or a dependent of such a member) shall be covered under TRICARE Prime or TRICARE Select without regard to the sex, sex characteristics, gender identity, sexual orientation, diagnosis, or marital status of such member or dependent. In this section, the term fertility treatment includes the following:
In vitro fertilization or other treatments or procedures in which human oocytes, embryos, or sperm are handled when clinically appropriate. Sperm retrieval. Egg retrieval. Preservation of human oocytes, embryos, or sperm for later reproductive use. Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination. Transfer of reproductive genetic material. Medications as prescribed or necessary for fertility. Fertility treatment coordination.
Such other information, referrals, treatments, procedures, testing, medications, laboratory services, technologies, and services facilitating reproduction as determined appropriate by the Secretary of Defense. . The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item: 1074p. Fertility treatment for certain active duty members of the uniformed services and their dependents. . Section 1086 of such title is amended— in subsection (c), in the matter preceding paragraph (1), by striking subsection
(d)and inserting subsections
(d)and
(j); and by adding at the end the following new subsection: A plan contracted for under subsection
(a)may not include coverage for services under section 1074p of this title for former members of the uniformed services or dependents of former members of the uniformed services. . Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense shall establish a program on the coordination of fertility treatment by the Secretary for purposes of ensuring patients receive timely fertility treatment. In carrying out the program established under subsection (a), the Secretary of Defense shall provide to community health care providers training and support with respect to the unique needs of members of the uniformed services and their dependents. . Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan that addresses how the Department of Defense will coordinate with the Department of Veterans Affairs on ensuring the continuum of care, sharing of best practices, and making referrals, as appropriate, with respect to the furnishing of fertility treatment to patients eligible for the receipt of such treatment from the Secretary of Defense or the Secretary of Veterans Affairs. The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1110c. Program on fertility treatment coordination. . Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall promulgate regulations or subregulatory guidance regarding the implementation of the amendments made by this section. The regulations or subregulatory guidance promulgated under paragraph
(1)shall take into account the following: Eligibility requirements for receiving the services described in section 1074p of title 10, United States Code, as added by subsection (a)(1). Insurance coverage and reimbursement for such services. Privacy for individuals seeking such services. Consent for handling, testing, storing, shipping, and disposing of the reproductive genetic material of an individual receiving such services, including for situations in which the individual has permanently lost the ability to provide consent. Travel and leave of individuals receiving such services, if required to access such services. Such other requirements as the Secretary of Defense considers appropriate. The amendments made by this section shall apply to services provided on or after October 1, 2026. Nothing in this section or the amendments made by this section shall be construed to provide new benefits to or alter existing benefits for former members of the uniformed services or the dependents of former members of the uniformed services.