Defense Bill Proposal: Full IVF Coverage for All Military Troops

On Jun 18, 2024

TL/DR –

The Senate has added an amendment to its annual defense policy bill that would allow service members and their dependents to have fertility treatments, including in vitro fertilization (IVF), covered by military health care in any circumstance. Currently, only service members who are severely ill or injured and their partners can have such treatments covered. The proposed changes are part of broader national debates about reproductive health care rights and access to IVF.

Amendment Proposes Expanded Fertility Treatment Coverage for Military Service Members

Senator Tammy Duckworth, D-Ill, proposes an amendment to the annual defense policy bill that would allow military service members and their dependents access to fertility treatments such as in vitro fertilization (IVF) under military health care in any circumstance.Tricare Prime and Tricare Select are required to offer a range of covered fertility treatments irrespective of the beneficiary’s medical diagnosis or identity, according to a summary received by Military.com.

This proposal would considerably extend benefits for service members and their families. Fertility treatments are currently only covered for those service members who are seriously ill or injured, or their partners.

Similar language was incorporated in the House’s version of the National Defense Authorization Act (NDAA), via an amendment suggested by Rep. Sara Jacobs, D-Calif. This increases the likelihood that access to IVF will be expanded in the final version of the bill.

In Alabama, a recent court ruling that frozen embryos could be considered children sparks nationwide dispute about IVF access. The Democrats argue that this ruling shows that all reproductive care is at risk after the Supreme Court allowed states to ban abortion in 2022. Republicans, on the other hand, express their support for IVF but avoid questions regarding frozen embryos.

On the same day, the Senate Armed Services Committee approved Duckworth’s amendment, Republicans on the Senate floor blocked a separate bill from Duckworth which aimed to secure the right to fertility treatment and expand access to such care for service members and veterans.

Concerns about military personnel’s access to IVF rose after the Alabama court ruling. The Pentagon expanded its coverage of IVF following a lawsuit claiming the previous policy discriminated against unmarried service members and same-sex couples. However, the benefit is still only accessible for those with illnesses or injuries causing infertility.

Duckworth’s amendment will require the Pentagon to establish a fertility treatment coordination program. Senate must still pass the NDAA, and the House and Senate need to reconcile their versions before the bill can become law. The final outcome of the bill is uncertain due to language in the House version of the NDAA that could limit service members’ access to abortion.

Despite majority Republican support for IVF following the Alabama ruling, some far-right lawmakers oppose it. A statement by Rep. Matt Rosendale, R-Mont, claimed unhappiness with the American people’s financial liability for the expansion of this “life-destroying practice” in the NDAA.

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