To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program of infertility treatment services for individuals entitled to health insurance benefits under that program by reason of a disability.

June 7, 2005

Mr. ANDREWS introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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

To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program of infertility treatment services for individuals entitled to health insurance benefits under that program by reason of a disability.

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 `Medicare Infertility Coverage Act of 2005'.

SEC. 2. COVERAGE OF INFERTILITY TREATMENT SERVICES.

(a) Coverage of Services- Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended--

(1) in subparagraph (Y), by striking `and' at the end;

(2) in subparagraph (Z), by adding `and' at the end; and

(3) by inserting after subparagraph (Z) the following new subparagraph:

`(AA) infertility treatment services for individuals entitled to benefits under this title by reason of section 226(b);'.

(b) Definition- Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end thereof the following new subsection:

`Infertility Treatment Services

`(bbb)(1) The term `infertility treatment services' means, with respect to an individual entitled to benefits by reason of section 226(b), diagnosis and treatment (described in paragraph (2)) by a physician (as defined in subsection (r)(1)).

`(2)(A) Treatment referred to in paragraph (1) includes prescription drugs and biologicals and supplies used in the administration of such drugs or biologicals, and includes assisted reproductive technology procedures described in subparagraph (B).

`(B) Assisted reproductive technology procedures referred to in subparagraph (A) are the following:

`(i) Artificial insemination.

`(ii) In vitro fertilization.

`(iii) Embryo transfer and gamete intrafallopian transfer.

`(iv) Intravaginal insemination.

`(v) Intracervical insemination.

`(vi) Intrauterine insemination.

`(vii) Any other assisted reproductive technology procedure identified by the Secretary.

`(viii) Services and supplies related to such procedures.'.

(c) Payment Under Physician Fee Schedule- Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting `(2)(AA),' after `(2)(W),'.

(d) Effective Date- The amendments made by this section shall apply to services furnished on or after the date that is 1 year after the date of the enactment of this Act.

END