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Code · BILL · 119th Congress · S. 2296 (Reported in Senate) — To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military c... · Sec. 705

Sec. 705. Fertility treatment for certain members of the uniformed services and dependents

625 words·~3 min read·/bill/119/s/2296/rs/section-705·

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Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section: The Secretary of Defense shall ensure that fertility-related care for a member of the uniformed services on active duty (or a dependent of such a member) shall be covered under TRICARE Prime and TRICARE Select. In the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a), coverage under such subsection shall include— not fewer than three completed oocyte retrievals; and unlimited embryo transfers provided in accordance with the guidelines of the American Society for Reproductive Medicine, using single embryo transfer when recommended and medically appropriate.
In this section: The term infertility means a disease, condition, or status characterized by— the failure to establish a pregnancy or to carry a pregnancy to live birth after regular, unprotected sexual intercourse in accordance with the guidelines of the American Society for Reproductive Medicine; the inability of an individual to reproduce without medical intervention either as a single individual or with the partner of the individual; or the findings of a licensed physician based on the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing of the individual.
The term fertility-related care means— the diagnosis of infertility; and fertility treatment. 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. 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. . 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-related care by the Secretary for purposes of ensuring patients receive timely fertility-related care.
In carrying out the program established under subsection (a), the Secretary shall provide to community health care providers training and support with respect to the unique needs of members of the uniformed services and the dependents of such members. In this section, the term fertility-related care has the meaning given that term in section 1074p(c) of this title. . Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: Fertility-related care shall be provided in accordance with section 1074p of this title. .
Section 1086 of title 10, United States Code, 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. . Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations or subregulatory guidance regarding the implementation of the amendments made by this section. The amendments made by this section shall apply with respect to services provided on or after October 1, 2027. 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; or to authorize the Secretary of Defense to make payments related to human cloning, artificial womb technology, or international surrogacy.
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