‘‘(II) is in compliance with any 
standards set by an appropriate Fed-
eral agency. 
‘‘(B) DEFINITION
OF
ASSISTED
REPRO-
DUCTIVE TECHNOLOGY.—For purposes of this 
paragraph, the term ‘assisted reproductive tech-
nology’ includes all treatments or procedures 
that involve the handling of human egg and 
sperm for the purpose of helping a woman be-
come pregnant. Types of Assisted Reproductive 
Technology include in vitro fertilization, gamete 
intrafallopian transfer, zygote intrafallopian 
transfer, embryo cryopreservation, egg or em-
bryo donation, and surrogate birth. 
‘‘(3) REVIEW BY THE SECRETARY OF HEALTH 
AND
HUMAN
SERVICES.—Not later than 5 years 
after the date of enactment of the Family Building 
Act of 2005, the Secretary of Health and Human 
Services, in consultation with the American Society 
for Reproductive Medicine and RESOLVE: the Na-
tional Infertility Association, shall review the re-
quirements for treatment of infertility established 
under paragraphs (1) and (2). 
‘‘(c) LIMITATION.—Deductibles, coinsurance, and 
other cost-sharing or other limitations for infertility ther-
apy may not be imposed to the extent they exceed the 
deductibles, coinsurance, and limitations that are applied 
to similar services under the group health plan or health 
insurance coverage. 
‘‘(d) PROHIBITIONS.—A group health plan, and a 
health insurance issuer offering group health insurance 
coverage in connection with a group health plan, may 
not—
‘‘(1) deny to a participant or beneficiary eligi-
bility, or continued eligibility, to enroll or to renew 
coverage under the terms of the plan, solely for the 
purpose of avoiding the requirements of this section; 
‘‘(2) provide incentives (monetary or otherwise) 
to a participant or beneficiary to encourage such 
participant or beneficiary not to be provided infer-
tility treatments to which they are entitled under 
this section or to providers to induce such providers 
not to provide such treatments to qualified partici-
pants or beneficiaries; 
‘‘(3) prohibit a provider from discussing with a 
participant or beneficiary infertility treatment tech-
niques or medical treatment options relating to this 
section; or 
‘‘(4) penalize or otherwise reduce or limit the 
reimbursement of a provider because such provider
provided infertility treatments to a qualified partici-
pant or beneficiary in accordance with this section. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require a participant or bene-
ficiary to undergo infertility therapy. 
‘‘(f) NOTICE.—A group health plan under this part 
shall comply with the notice requirement under section 
713(b) of the Employee Retirement Income Security Act 
of 1974 with respect to the requirements of this section 
as if such section applied to such plan. 
‘‘(g) LEVEL
AND TYPE
OF REIMBURSEMENTS.—
Nothing in this section shall be construed to prevent a 
group health plan or a health insurance issuer offering 
group health insurance coverage from negotiating the level 
and type of reimbursement with a provider for care pro-
vided in accordance with this section. 
‘‘(h) PREEMPTION.—The provisions of this section do 
not preempt State law relating to health insurance cov-
erage to the extent such State law provides greater bene-
fits with respect to infertility treatments or prevention.’’. 
(B) Section 2723(c) of such Act (42 U.S.C. 
300gg–23(c)) is amended by striking ‘‘section 2704’’ 
and inserting ‘‘sections 2704 and 2707’’. 
(2) ERISA AMENDMENT.—(A) Subpart B of 
part 7 of subtitle B of title I of the Employee Re-
tirement Income Security Act of 1974 is amended by 
adding at the end the following new section: 
‘‘SEC. 714. STANDARDS RELATING TO BENEFITS FOR 
TREATMENT OF INFERTILITY. 
‘‘(a) IN GENERAL.—A group health plan and a health 
insurance issuer offering group health insurance coverage 
in connection with such a plan shall comply with the re-
quirements of section 2707 of the Public Health Service 
Act, and such requirements shall be deemed to be incor-
porated into this subsection. 
‘‘(b) NOTICE.—A health insurance issuer offering 
health insurance coverage in connection with a group 
health plan shall comply with the notice requirement 
under section 713(b) with respect to the requirements re-
ferred to in subsection (a) as if such section applied to 
such issuer and such issuer were a group health plan.’’. 
(B) Section 732(a) of such Act (29 U.S.C. 
1191a(a)) is amended by striking ‘‘section 711’’ and 
inserting ‘‘sections 711 and 714’’. 
(C) The table of contents in section 1 of such 
Act is amended by inserting after the item relating 
to section 713 the following new item:
‘‘714. Standards relating to benefits for treatment of infertility.’’.
(b) INDIVIDUAL HEALTH INSURANCE.—(1) Part B 
of title XXVII of the Public Health Service Act is amend-
ed by inserting after section 2752 the following new sec-
tion: 
‘‘SEC. 2753. STANDARD RELATING TO BENEFITS FOR 
TREATMENT OF INFERTILITY. 
‘‘(a) IN GENERAL.—The provisions of section 2707 
shall apply to health insurance coverage offered by a 
health insurance issuer in the individual market in the 
same manner as they apply to health insurance coverage 
offered by a health insurance issuer in connection with a 
group health plan in the small or large group market. 
‘‘(b) NOTICE.—A health insurance issuer under this 
part shall comply with the notice requirement under sec-
tion 713(b) of the Employee Retirement Income Security 
Act of 1974 with respect to the requirements referred to 
in subsection (a) as if such section applied to such issuer 
and such issuer were a group health plan.’’. 
(2) Section 2762(b)(2) of such Act (42 U.S.C. 
300gg–62(b)(2)) is amended by striking ‘‘section 2751’’ 
and inserting ‘‘sections 2751 and 2753’’. 
(c) EFFECTIVE DATES.—
(1) 
GROUP
HEALTH
PLANS
AND
GROUP 
HEALTH INSURANCE COVERAGE.—Subject to para-
graph (3), the amendments made by subsection (a) 
apply with respect to group health plans for plan
years beginning on or after the date occurring 6 
months after the date of the enactment of this Act. 
(2) INDIVIDUAL
HEALTH
INSURANCE
COV-
ERAGE.—The amendments made by subsection (b) 
apply with respect to health insurance coverage of-
fered, sold, issued, renewed, in effect, or operated in 
the individual market on or after such date. 
(3) COLLECTIVE BARGAINING EXCEPTION.—In 
the case of a group health plan maintained pursuant 
to 1 or more collective bargaining agreements be-
tween employee representatives and 1 or more em-
ployers ratified before the date of enactment of this 
Act, the amendments made by subsection (a) shall 
not apply to plan years beginning before the later 
of—
(A) the date on which the last collective 
bargaining agreements relating to the plan ter-
minates (determined without regard to any ex-
tension thereof agreed to after the date of en-
actment of this Act), or 
(B) the date occurring 6 months after the 
date of the enactment of this Act. 
For purposes of subparagraph (A), any plan amend-
ment made pursuant to a collective bargaining 
agreement relating to the plan which amends the
plan solely to conform to any requirement added by 
subsection (a) shall not be treated as a termination 
of such collective bargaining agreement. 
SEC. 3. AMENDMENT TO TITLE 5, UNITED STATES CODE. 
(a) IN GENERAL.—Section 8902 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(p)(1) Each contract under this chapter which pro-
vides obstetrical benefits shall also provide (in a manner 
consistent with section 2707 of the Public Health Service 
Act) coverage for the diagnosis and treatment of infertility 
(as defined by such section). 
‘‘(2) Subsection (m)(1) shall not, with respect to any 
contract under this chapter, prevent the inclusion of any 
terms which, under paragraph (1), are required by reason 
of section 2707(h) of the Public Health Service Act.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to contracts entered 
into or renewed for contract years beginning at least 6 
months after the date of enactment of this Act. 
SEC. 4. DEFENSE HEALTH CARE PLANS. 
(a) IN GENERAL.—(1) Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1099 
the following new section:
‘‘§ 1099a. Health care plans: obstetrical and infertility 
benefits 
‘‘(a) IN GENERAL.—Any health care plan under this 
chapter that provides obstetrical benefits shall also provide 
(in a manner consistent with section 2707 of the Public 
Health Service Act) coverage for the diagnosis and treat-
ment of infertility (as defined by such section). 
‘‘(b) REGULATIONS.—The Secretary of Defense shall 
precribe any regulations necessary to carry out this sec-
tion.’’. 
(2) The table of sections at the beginning of such 
chapter is amended by adding at the end the following 
new item:
‘‘1099a. Health care plans: obstetrical and infertility benefits.’’.
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to contracts entered 
into or renewed for contract years beginning at least 6 
months after the date of enactment of this Act.
Æ