Veterans Infertility Treatment Act of 2021

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide coverage for infertility treatment and standard fertility preservation services, and for other purposes. 1. Short title This Act may be cited as the Veterans Infertility Treatment Act of 2021 2. Infertility treatments for veterans (a) In general Subchapter II of chapter 17 1720K. Infertility treatment and standard fertility preservation services (a) Treatment and services (1) In furnishing medical services under this chapter, the Secretary shall furnish infertility treatments (including through the use of assisted reproductive technology), standard fertility preservation services, or both, to a covered veteran or a partner of a covered veteran, if the veteran and the partner of the veteran apply jointly for such treatments or services, or both, through a process prescribed by the Secretary. (2) In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish not more than three completed cycles that result in live birth or six attempted cycles of in vitro fertilization, whichever occurs first, to an individual under such paragraph. (3) The Secretary may furnish in vitro ferilization treatment under paragraph (1) using donated gametes or embryos. (b) Rule of construction Nothing in this section shall be construed to require the Secretary to furnish maternity care to a covered veteran or partner of a covered veteran, in addition to what is otherwise required by section 1786 of this title or other provisions of law. (c) Definitions In this section: (1) The term assisted reproductive technology (2) The term covered veteran (A) has infertility; and (B) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title. (3) The term infertility (A) means a disease or condition characterized by— (i) the failure to conceive a pregnancy or to carry a pregnancy to live birth after one year of regular, unprotected sexual intercourse; or (ii) the inability of a person to reproduce either as an individual or with the partner of the individual; and (B) includes instances in which a person is at risk of being described in clauses (i) or (ii) of subparagraph (A), as determined by a licensed physician based on— (i) the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, or a combination thereof, of the person; or (ii) any planned medication therapy, surgery, radiation, chemotherapy, or other medical treatment. (4) The term partner . (b) Clerical amendment The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1720J the following new item: 1720K. Infertility treatment and standard fertility preservation services. . 3. Regulations on furnishing of infertility treatment by Department of Veterans Affairs (a) Regulations Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 1720K of title 38, United States Code, as added by section 2. (b) Interim policies During the period beginning 180 days after the date of the enactment of this Act and the date on which the regulations are prescribed under subsection (a), the Secretary shall ensure that fertility counseling and treatment furnished pursuant to section 234(a)(1) of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2021 (division J of Public Law 116–260 (1) The Secretary may furnish such counseling and treatment to the partner of a veteran covered by such provision without regard to whether the partner and veteran are married. (2) The Secretary may furnish such counseling and treatment using donated gametes or embryos. (c) Partner defined In this section, the term partner

Summary: Veterans Infertility Treatment Act of 2021 This bill requires the Department of Veterans Affairs (VA) to furnish infertility treatments, standard fertility preservation services, or both to a covered veteran or partner of a covered veteran if the individuals jointly apply for such treatments or services. A covered veteran is a veteran who has infertility and is enrolled in the VA health care system. Under the bill, in vitro fertilization treatment may only be furnished for up to three completed cycles resulting in live birth or six attempted cycles, whichever occurs first. The VA may furnish in vitro fertilization treatment using donated gametes or embryos. During the interim period before infertility treatment regulations are in effect, the VA must ensure that (1) fertility counseling and treatment for veterans may also be furnished to the partner of a veteran regardless of whether the veteran and the partner are married, and (2) such counseling and treatment may be furnished using donated gametes or embryos.