Definitions

In this Act: (1) Fertility treatment The term fertility treatment includes the following: (A) Preservation of human oocytes, sperm, or embryos. (B) Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination. (C) Assisted reproductive technology, including in vitro fertilization and other treatments or procedures in which reproductive genetic material, such as oocytes, sperm, and embryos, are handled, when clinically appropriate. (D) Genetic testing of embryos. (E) Medications prescribed or obtained over-the-counter, as indicated for fertility. (F) Gamete donation. (G) Such other information, referrals, treatments, procedures, medications, laboratory testing, technologies, and services relating to fertility as the Secretary of Health and Human Services determines appropriate. (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, clinical staff, and any other individual, as determined by the Secretary of Health and Human Services) that— (A) is engaged or seeks to engage in the delivery of fertility treatment, including through the provision of evidence-based information, counseling, referrals, or items and services that relate to, aid in, or provide fertility treatment; and (B) if required by State law to be licensed, certified, or otherwise authorized to engage in the delivery of such services— (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 fertility treatment in accordance with section 4. (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) 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. (5) State The term State includes each of the 50 States, the District of Columbia, Puerto Rico, each territory and possession of the United States, and any political subdivision thereof. (6) Widely accepted and evidence-based medical standards of care The term widely accepted and evidence-based medical standards of care means any medical services, procedures, and practices that are in accordance with the guidelines of the American Society for Reproductive Medicine.