‘‘(1) the treatment of infertility, including non-
experimental assisted reproductive technology proce-
dures, if such plan or coverage provides coverage for 
obstetrical services; and 
‘‘(2) standard fertility preservation services 
when a medically necessary treatment may directly 
or indirectly cause iatrogenic infertility. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) the term ‘assisted reproductive technology’ 
means treatments or procedures that involve the 
handling of human egg, sperm, and embryo outside 
of the body with the intent of facilitating a preg-
nancy, including in vitro fertilization, egg, embryo, 
or sperm cryopreservation, egg or embryo donation, 
and gestational surrogacy; 
‘‘(2) the term ‘infertility’ means a disease, char-
acterized by the failure to establish a clinical preg-
nancy— 
‘‘(A) after 12 months of regular, unpro-
tected sexual intercourse; or 
‘‘(B) due to a person’s incapacity for re-
production either as an individual or with his or 
her partner, which may be determined after a 
period of less than 12 months of regular, un-
protected sexual intercourse, or based on med-
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ical, sexual and reproductive history, age, phys-
ical findings, or diagnostic testing; and 
‘‘(3) the term ‘iatrogenic infertility’ means an 
impairment of fertility due to surgery, radiation, 
chemotherapy, or other medical treatment. 
‘‘(c) REQUIRED COVERAGE.— 
‘‘(1) COVERAGE FOR INFERTILITY.—Subject to 
paragraph (3), a group health plan and a health in-
surance issuer offering group or individual health in-
surance coverage that includes coverage for obstet-
rical services shall provide coverage for treatment of 
infertility determined appropriate by the treating 
physician, including, as appropriate, ovulation induc-
tion, egg retrieval, sperm retrieval, artificial insemi-
nation, in vitro fertilization, genetic screening, 
intracytoplasmic sperm injection, and any other non- 
experimental treatment, as determined by the Sec-
retary in consultation with appropriate professional 
and patient organizations such as the American So-
ciety for Reproductive Medicine, RESOLVE: The 
National Infertility Association, and the American 
College of Obstetricians and Gynecologists. 
‘‘(2) 
COVERAGE
FOR
IATROGENIC
INFER-
TILITY.—A group health plan and a health insur-
ance issuer offering group or individual health insur-
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ance coverage shall provide coverage of fertility pres-
ervation services for individuals who undergo medi-
cally necessary treatment that may cause iatrogenic 
infertility, as determined by the treating physician, 
including cryopreservation of gametes and other pro-
cedures, as determined by the Secretary, consistent 
with established medical practices and professional 
guidelines published by professional medical organi-
zations, including the American Society of Clinical 
Oncology and the American Society for Reproductive 
Medicine. 
‘‘(3) LIMITATION ON COVERAGE OF ASSISTED 
REPRODUCTIVE TECHNOLOGY.—A group health plan 
and a health insurance issuer offering group or indi-
vidual health insurance coverage shall provide cov-
erage for assisted reproductive technology as re-
quired under paragraph (1) if— 
‘‘(A) the individual is unable to bring a 
pregnancy to a live birth through minimally 
invasive infertility treatments, as determined 
appropriate by the treating physician, with con-
sideration given to participant’s or beneficiary’s 
specific diagnoses or condition for which cov-
erage is available under the plan or coverage; 
and 
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‘‘(B) the treatment is performed at a med-
ical facility that— 
‘‘(i) conforms to the standards of the 
American Society for Reproductive Medi-
cine and the Society for Assisted Repro-
ductive Technology; and 
‘‘(ii) is in compliance with any stand-
ards set by an appropriate Federal agency. 
‘‘(d) 
LIMITATION.—Cost-sharing, 
including 
deductibles and coinsurance, or other limitations for infer-
tility and services to prevent iatrogenic infertility may not 
be imposed with respect to the services required to be cov-
ered under subsection (c) to the extent that such cost- 
sharing exceeds the cost-sharing applied to similar services 
under the group health plan or health insurance coverage 
or such other limitations are different from limitations im-
posed with respect to such similar services. 
‘‘(e) PROHIBITIONS.—A group health plan and a 
health insurance issuer offering group or individual health 
insurance coverage may not— 
‘‘(1) provide incentives (monetary or otherwise) 
to a participant or beneficiary to encourage such 
participant or beneficiary not to be provided infer-
tility treatments or fertility preservation services to 
which such participant or beneficiary is entitled 
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under this section or to providers to induce such 
providers not to provide such treatments to qualified 
participants or beneficiaries; 
‘‘(2) prohibit a provider from discussing with a 
participant or beneficiary infertility treatments or 
fertility preservation technology or medical treat-
ment options relating to this section; or 
‘‘(3) penalize or otherwise reduce or limit the 
reimbursement of a provider because such provider 
provided infertility treatments or fertility preserva-
tion services to a qualified participant or beneficiary 
in accordance with this section. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require a participant or bene-
ficiary to undergo infertility treatments or fertility preser-
vation services. 
‘‘(g) NOTICE.—A group health plan and a health in-
surance issuer offering group or individual health insur-
ance coverage shall provide notice to each participant and 
beneficiary under such plan regarding the coverage re-
quired by this section in accordance with regulations pro-
mulgated by the Secretary. Such notice shall be in writing 
and prominently positioned in any literature or cor-
respondence made available or distributed by the plan or 
issuer and shall be transmitted— 
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