I 

108TH CONGRESS 

1ST SESSION H. R. 969

To amend title XVIII of the Social Security Act to provide for coverage 

under the Medicare Program of infertility treatment services for individuals entitled to health insurance benefits under that program by reason 

of a disability. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2003

Mr. ANDREWS introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL

To amend title XVIII of the Social Security Act to provide 

for coverage under the Medicare Program of infertility 

treatment services for individuals entitled to health insurance benefits under that program by reason of a disability.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicare Infertility 

5 Coverage Act of 2003’’. 
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1 SEC. 2. COVERAGE OF INFERTILITY TREATMENT SERVICES. 

2 (a) COVERAGE OF SERVICES.—Section 1861(s)(2) of 

3 the Social Security Act (42 U.S.C. 1395x(s)(2)) is amend4 ed—

5 (1) in subparagraph (U), by striking ‘‘and’’ at 

6 the end; 

7 (2) in subparagraph (V), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following new sub10 paragraph: 

11 ‘‘(W) infertility treatment services for indi12 viduals entitled to benefits under this title by 

13 reason of section 226(b);’’. 

14 (b) DEFINITION.—Section 1861 of such Act (42 

15 U.S.C. 1395x) is amended by adding at the end thereof 

16 the following new subsection: 

17 ‘‘Infertility Treatment Services 

18 ‘‘(ww)(1) The term ‘infertility treatment services’ 

19 means, with respect to an individual entitled to benefits 

20 by reason of section 226(b), diagnosis and treatment (de21 scribed in paragraph (2)) by a physician (as defined in 

22 subsection (r)(1)). 

23 ‘‘(2)(A) Treatment referred to in paragraph (1) in24 cludes prescription drugs and biologicals and supplies used 

25 in the administration of such drugs or biologicals, and in-
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1 cludes assisted reproductive technology procedures de2 scribed in subparagraph (B). 

3 ‘‘(B) Assisted reproductive technology procedures re4 ferred to in subparagraph (A) are the following: 

5 ‘‘(i) Artificial insemination. 

6 ‘‘(ii) In vitro fertilization. 

7 ‘‘(iii) Embryo transfer and gamete 

8 intrafallopian transfer. 

9 ‘‘(iv) Intravaginal insemination. 

10 ‘‘(v) Intracervical insemination. 

11 ‘‘(vi) Intrauterine insemination. 

12 ‘‘(vii) Any other assisted reproductive tech13 nology procedure identified by the Secretary. 

14 ‘‘(viii) Services and supplies related to such pro15 cedures.’’. 

16 (c) PAYMENT UNDER PHYSICIAN FEE SCHEDULE.—

17 Section 1848(j)(3) of such Act (42 U.S.C. 1395w–4(j)(3)) 

18 is amended by inserting ‘‘(2)(W),’’ after ‘‘(2)(S),’’. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to services furnished on or after 

21 the date that is 1 year after the date of the enactment 

22 of this Act.

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