Definitions

In this title: (1) Assisted reproductive technology; ART The term assisted reproductive technology or ART means any treatment or procedure that includes the handling of human eggs or embryos to help achieve a pregnancy, including in vitro fertilization, egg or embryo cryopreservation, and egg or embryo donation. Such term includes any medication related to such a treatment or procedure. (2) Health care provider The term health care provider means any entity or individual (including any physician, nurse practitioner, physician assistant, pharmacist, health care support personnel, or clinical staff) that— (A) is engaged or seeks to engage in the delivery of ART or IUI, including through the provision of evidence-based information, counseling, referrals, or items and services that relate to, aid in, or provide ART or IUI; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of ART or IUI— (i) is so licensed, certified, or otherwise authorized; or (ii) would be so licensed, certified, or otherwise authorized but for the fact that the individual or entity has provided, is providing, or plans to provide, ART or IUI in accordance with section 104. (3) Health insurance issuer The term health insurance issuer has the meaning given such term in section 2791(b) of the Public Health Service Act (42 U.S.C. 300gg–91(b)). (4) Intrauterine insemination; IUI The term intrauterine insemination or IUI means a procedure that places sperm directly into an individual’s uterus at the time of the individual’s ovulation to increase the chances of fertilization. Such term includes any medication associated with such a procedure. (5) Manufacturer The term manufacturer means the manufacturer of a drug or device approved, cleared, authorized, or licensed under section 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e) or section 351 of the Public Health Service Act (42 U.S.C. 262), or otherwise legally marketed. (6) State The term State includes each of the 50 States, the District of Columbia, each territory and possession of the United States, and any political subdivision thereof.