Veterans Infertility Treatment Act of 2021
Bill: H.R.1957 | Sponsor: Rep. Brownley, Julia (D-CA)
Policy area: Armed Forces and National Security

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.

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Infertility Treatment Act 
of 2021''.

SEC. 2. INFERTILITY TREATMENTS FOR VETERANS.

    (a) In General.--Subchapter II of chapter 17 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 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' includes 
        in vitro fertilization and other fertility treatments in which 
        both eggs and sperm are handled when clinically appropriate.
            ``(2) The term `covered veteran' means a veteran who--
                    ``(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', with respect to a veteran, means 
        an individual selected by the veteran who agrees to share with 
        the veteran the parental responsibilities with respect to any 
        child born as a result of the use of any infertility treatment 
        under this section.''.
    (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.''.

SEC. 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) or other provisions of law administered by the Secretary 
include the following elements:
            (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'' has the 
meaning given that term in section 1720K of title 38, United States 
Code, as added by section 2.
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