Requirement for State Medicaid plans to provide medical assistance for fertility treatment

(a) In general Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended— (1) in subsection (a)(4)(C), by inserting (which shall include fertility treatment provided in accordance with subsection (kk)) after family planning services and supplies; and (2) by adding at the end the following new subsection: (kk) Requirements for coverage of fertility treatment For purposes of subsection (a)(4)(C), a State shall ensure that the medical assistance provided under the State plan (or waiver of such plan) for fertility treatment complies with the requirements of section 2799A–11(b) of the Public Health Service Act in the same manner as such requirements and limitations apply to health insurance coverage offered by a group health plan or health insurance issuer.. (b) Technical amendment Section 1903(a)(5) of the Social Security Act (42 U.S.C. 1396b(a)(5)) is amended by inserting described in section 1905(a)(4)(C) after family planning services and supplies. (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2026. (2) Delay permitted if State legislation required In the case of a State plan approved under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this section. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.