S. 3313 (112th): Women Veterans and Other Health Care Improvements Act of 2012

112th Congress, 2011–2013. Text as of Dec 13, 2012 (Passed the Senate (Engrossed)).

Status & Summary | PDF | Source: GPO

112th CONGRESS

2d Session

S. 3313

IN THE SENATE OF THE UNITED STATES

AN ACT

To amend title 38, United States Code, to improve the reproductive assistance provided by the Department of Veterans Affairs to severely wounded, ill, or injured veterans and their spouses, and for other purposes.

1.

Short title

This Act may be cited as the Women Veterans and Other Health Care Improvements Act of 2012.

2.

Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services

Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph:

(H)

Fertility counseling and treatment, including treatment using assisted reproductive technology.

.

3.

Reproductive treatment and care for spouses and surrogates of veterans

(a)

In general

Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:

1788.

Reproductive treatment and care for spouses and surrogates of veterans

(a)

In general

The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title if the spouse or surrogate and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary.

(b)

Coordination of care for other spouses and surrogates

In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate.

(c)

Construction

Nothing in this section shall be construed to require the Secretary to find or certify a surrogate for a veteran or to connect a surrogate with an injured veteran.

.

(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 1787 the following new item:

1788. Reproductive treatment and care for spouses and surrogates of veterans.

.

4.

Adoption assistance

(a)

In general

Subchapter VIII of chapter 17 of title 38, United States Code, as amended by section 3, is further amended by adding at the end the following new section:

1789.

Adoption assistance

(a)

In general

The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children.

(b)

Covered veteran

For purposes of this section, a covered veteran is any severely wounded, ill, or injured veteran who—

(1)

has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and

(2)

is enrolled in the system of annual patient enrollment established under section 1705(a) of this title.

(c)

Limitation amount

For purposes of this section, the limitation amount is the amount equal to the lesser of—

(1)

the cost the Department would incur if the Secretary were to provide a covered veteran with one cycle of in vitro fertilization, as determined by the Secretary; and

(2)

the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 17 of such title, as amended by section 3, is further amended by inserting after the item relating to section 1788 the following new item:

1789. Adoption assistance.

.

5.

Report on provision of fertility counseling and treatment

(a)

In general

Each year, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the fertility counseling and treatment furnished by the Department of Veterans Affairs during the year preceding the submittal of the report.

(b)

Elements

Each report submitted under subsection (a) shall include, for the period covered by the report, the following:

(1)

The number of veterans who received fertility counseling or treatment furnished by the Department of Veterans Affairs, disaggregated by era of military service of such veterans.

(2)

The number of spouses and surrogates of veterans who received fertility counseling or treatment furnished by the Department.

(3)

The cost to the Department of furnishing fertility counseling and treatment, disaggregated by cost of services and administration.

(4)

The average cost to the Department per recipient of such counseling and treatment.

(5)

In cases in which the Department furnished fertility treatment through the use of assisted reproductive technology, the average number of cycles per person furnished.

(6)

A description of how fertility counseling and treatment services of the Department are coordinated with similar services of the Department of Defense.

6.

Regulations on furnishing of fertility counseling and treatment and adoption assistance

(a)

In general

Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations—

(1)

on the furnishing of fertility treatment to veterans using assisted reproductive technology;

(2)

to carry out section 1788 of title 38, United States Code, as added by section 3; and

(3)

to carry out section 1789 of such title, as added by section 4.

(b)

Limitation

Notwithstanding any other provision of law, during the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under subsection (a), the Secretary may not furnish—

(1)

to any veteran, any fertility treatment using assisted reproductive technology;

(2)

any fertility counseling or treatment under section 1788 of title 38, United States Code, as added by section 3; or

(3)

any assistance under section 1789 of such title, as added by section 4.

7.

Coordination with Department of Defense on furnishing of fertility counseling and treatment

The Secretary of Veterans Affairs shall coordinate the furnishing of fertility counseling and treatment by the Department of Veterans Affairs with the furnishing of fertility counseling and treatment by the Department of Defense.

8.

Funding

Amounts for a fiscal year to carry out this Act, section 7330B of title 38, United States Code, as added by section 2(a), section 1787 of such title, as added by section 4(a), and the amendments made by this Act shall be derived from amounts made available for an overseas contingency operation in that fiscal year, if amounts were made available for an overseas contingency operation in that fiscal year.

Passed the Senate December 13, 2012.

Secretary