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Referenced Laws
Chapter 55
section 1074o
Section 1
1. Short title This Act may be cited as the Expanding Access to Fertility Care for Servicemembers and Dependents Act.
Section 2
2. Coverage of assisted reproductive services under TRICARE program Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section: Any member of the armed forces (including the reserve components) performing active service who is entitled to medical care under the TRICARE program, and any dependent of such a member, shall be entitled to assisted reproductive services as part of such medical care, without regard to any of the following: Whether the assisted reproductive service is related to the treatment of a service-connected disability. Whether the member has a serious illness or injury resulting from a service-connected disability. The ability of the member or dependent, as applicable— to conceive a pregnancy or carry a pregnancy to live birth after an appropriate period of regular, unprotected sexual intercourse; or to reproduce, either as an individual or with a partner. The sex, gender, sexual orientation, or marital status of the member or dependent, as applicable. In this section: The term appropriate period means, with respect to an individual, a period of at least one year, unless the health care provider of the individual determines, based on medical history, age, or physical findings, that a shorter period is appropriate. The term assisted reproductive services includes the following services: Assisted reproduction, including intravaginal insemination, intracervical insemination, and intrauterine insemination. In-vitro fertilization. The preservation of embryos, eggs, or sperm through cryopreservation. Such other forms of assisted reproductive services as determined appropriate by the Secretary. 1074p.Assisted reproductive services for certain members and dependents(a)In generalAny member of the armed forces (including the reserve components) performing active service who is entitled to medical care under the TRICARE program, and any dependent of such a member, shall be entitled to assisted reproductive services as part of such medical care, without regard to any of the following:(1)Whether the assisted reproductive service is related to the treatment of a service-connected disability.(2)Whether the member has a serious illness or injury resulting from a service-connected disability.(3)The ability of the member or dependent, as applicable—(A)to conceive a pregnancy or carry a pregnancy to live birth after an appropriate period of regular, unprotected sexual intercourse; or (B)to reproduce, either as an individual or with a partner.(4)The sex, gender, sexual orientation, or marital status of the member or dependent, as applicable.(b)DefinitionsIn this section:(1)The term appropriate period means, with respect to an individual, a period of at least one year, unless the health care provider of the individual determines, based on medical history, age, or physical findings, that a shorter period is appropriate.(2)The term assisted reproductive services includes the following services:(A)Assisted reproduction, including intravaginal insemination, intracervical insemination, and intrauterine insemination.(B)In-vitro fertilization.(C)The preservation of embryos, eggs, or sperm through cryopreservation.(D)Such other forms of assisted reproductive services as determined appropriate by the Secretary..
Section 3
1074p. Assisted reproductive services for certain members and dependents Any member of the armed forces (including the reserve components) performing active service who is entitled to medical care under the TRICARE program, and any dependent of such a member, shall be entitled to assisted reproductive services as part of such medical care, without regard to any of the following: Whether the assisted reproductive service is related to the treatment of a service-connected disability. Whether the member has a serious illness or injury resulting from a service-connected disability. The ability of the member or dependent, as applicable— to conceive a pregnancy or carry a pregnancy to live birth after an appropriate period of regular, unprotected sexual intercourse; or to reproduce, either as an individual or with a partner. The sex, gender, sexual orientation, or marital status of the member or dependent, as applicable. In this section: The term appropriate period means, with respect to an individual, a period of at least one year, unless the health care provider of the individual determines, based on medical history, age, or physical findings, that a shorter period is appropriate. The term assisted reproductive services includes the following services: Assisted reproduction, including intravaginal insemination, intracervical insemination, and intrauterine insemination. In-vitro fertilization. The preservation of embryos, eggs, or sperm through cryopreservation. Such other forms of assisted reproductive services as determined appropriate by the Secretary.