I 
109TH CONGRESS 
1ST SESSION 
H. R. 735
To amend the Public Health Service Act, the Employee Retirement Income 
Security Act of 1974, chapter 89 of title 5, United States Code, and 
title 10, United States Code, to require coverage for the treatment 
of infertility. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2005
Mr. WEINER introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, Education and the Workforce, Government Reform, 
and Armed Services, 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 the Public Health Service Act, the Employee Re-
tirement Income Security Act of 1974, chapter 89 of 
title 5, United States Code, and title 10, United States 
Code, to require coverage for the treatment of infertility.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Family Building Act of 2005’’.
(b) FINDINGS.—Congress makes the following find-
ings: 
(1) Infertility is a disease affecting more than 
6,000,000 American women and men, about 10 per-
cent of the reproductive age population. 
(2) Recent improvements in therapy make preg-
nancy possible for more couples than in past years. 
(3) The majority of group health plans do not 
provide coverage for infertility therapy. 
(4) A fundamental part of the human experi-
ence is fulfilling the desire to reproduce. 
SEC. 2. STANDARDS RELATING TO BENEFITS FOR TREAT-
MENT OF INFERTILITY. 
(a) GROUP HEALTH PLANS.—
(1) PUBLIC
HEALTH
SERVICE
ACT
AMEND-
MENT.—(A) Subpart 2 of part A of title XXVII of 
the Public Health Service Act is amended by adding 
at the end the following new section: 
‘‘SEC. 2707. STANDARDS RELATING TO BENEFITS FOR 
TREATMENT OF INFERTILITY. 
‘‘(a) REQUIREMENTS
FOR COVERAGE
OF TREAT-
MENT OF INFERTILITY.—
‘‘(1) IN GENERAL.—In a case in which a group 
health plan, and a health insurance issuer offering 
group health insurance coverage provides coverage
for obstetrical services, such plan or issuer shall in-
clude (consistent with this section) coverage for 
treatment of infertility. 
‘‘(2) INFERTILITY DEFINED.—For purposes of 
this section, the term ‘infertility’ means a disease or 
condition that results in the abnormal function of 
the reproductive system, which results in—
‘‘(A) the inability to conceive after 1 year 
of unprotected intercourse, or 
‘‘(B) the inability to carry a pregnancy to 
live birth. 
‘‘(b) REQUIRED COVERAGE.—
‘‘(1) IN GENERAL.—A group health plan, and a 
health insurance issuer offering group health insur-
ance coverage shall provide coverage for treatment 
of infertility deemed appropriate by a participant or 
beneficiary and the treating physician. Such treat-
ment shall include ovulation induction, artificial in-
semination, in vitro fertilization (IVF), gamete 
intrafallopian transfer (GIFT), zygote intrafallopian 
transfer (ZIFT), intracytoplasmic sperm injection 
(ICSI), and any other treatment provided it has 
been deemed as ‘non-experimental’ by the Secretary 
of Health and Human Services after consultation 
with appropriate professional and patient organiza-
tions such as the American Society for Reproductive 
Medicine, RESOLVE, and the American College of 
Obstetricians and Gynecologists. 
‘‘(2) LIMITATION ON COVERAGE OF ASSISTED 
REPRODUCTIVE TECHNOLOGY.—
‘‘(A) IN GENERAL.—In the case of assisted 
reproductive technology, coverage shall be pro-
vided if—
‘‘(i) the participant or beneficiary has 
been unable to bring a pregnancy to a live 
birth through less costly medically appro-
priate infertility treatments for which cov-
erage is available under the insured’s pol-
icy, plan, or contract; 
‘‘(ii) the participant or beneficiary has 
not undergone 4 complete oocyte retrievals, 
except that if a live birth follows a com-
pleted oocyte retrieval, then at least 2 
more completed oocyte retrievals shall be 
covered, with a lifetime cap of 6 retrievals; 
‘‘(iii) the treatment is performed at a 
medical facility that—
‘‘(I) conforms to the standards of 
the American Society for Reproductive 
Medicine; and