On April 25, 2023, Senator Tammy Duckworth (IL) and Representative Gerald E. Connolly, (VA) introduced the Family Building FEHB Fairness Act (the “Act”) to the United States Senate and House of Representatives, respectively.
In this issue of KingSpry’s heARTbeat blog, Adoption and ART Practice Chair, Dorota Gasienica-Kozak, Esq., reviews the proposed Family Building FEHB Fairness Act (S.1262/H.R.2828) and details how the Act intends to require the Federal Employee Health Benefit (FEHB) Program to include assisted reproductive treatment benefits.
Existing Law
Currently, 5 U.S. Code § 8904(a)(1) provides that federal employee health benefits may include the following:
- Hospital benefits;
- Surgical benefits;
- In-hospital medical benefits;
- Ambulatory patient benefits;
- Supplemental benefits; and
- Obstetrical benefits.
Additionally, 5 U.S. Code § 8904(a)(2) provides that the following may be included in indemnity benefit plans:
- Hospital care;
- Surgical care and treatment;
- Medical care and treatment;
- Obstetrical benefits;
- Prescribed drugs, medicines, and prosthetic devices; and
- Other medical supplies and services.
Proposed Change
If enacted, the Act would add assisted reproductive treatment benefits to both of the above-mentioned lists.
The Act would also implement a new provision to the statute to clarify what constitutes “assisted reproductive treatment.” Under the Act, “assisted reproductive treatment” includes any treatment or procedure facilitating reproduction that includes the handling of human oocytes, embryos, or sperm.
This means intravaginal insemination, intracervical insemination, intrauterine insemination, in vitro fertilization (IVF), and the preservation of human oocytes, embryos, or sperm for later reproductive use would be included under federal employee health benefit plans.
“The Family Building FEHB Fairness Act presents an opportunity for the federal government to lead by example by modernizing the FEHB program and embracing high-quality ART coverage to become the employer of choice for millions of talented Americans looking to serve their country and start a family.” Said Representative Connolly.
Effective Date
If enacted, the Act would take effect in one (1) year. Congress has yet to pass the Act in either chamber, however, the Act’s sponsors have emphasized the need for this legislation.
Individuals interested in supporting the Act should contact their state and local representatives for more information.
If you have questions regarding ART, KingSpry’s ART Law Group Chair, Ms. Dorota Gasienica-Kozak, Esq., is prepared to assist you. Ms. Gasienica-Kozak is a fellow of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA), a member of the American Society of Reproductive Medicine (ASRM), a member of SEEDS, a promoter for RESOLVE: The National Infertility Association, and a committee member of the American Bar Association’s Family and ART Law sections.
