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VA RIN: 2900-AP94 Publication ID: Fall 2017 
Title: Assisted Reproductive Technology Treatments for Certain Veterans and Spouses  
Abstract:

The Department of Veterans Affairs (VA) amends its regulation regarding fertility counseling and treatment available to certain veterans and spouses.  VA currently provides certain infertility services other than in vitro fertilization (IVF) to veterans as part of the medical benefits package.  IVF is the process of fertilization by manually fertilizing an egg, and then transferring the embryo to the uterus.  This final rulemaking adds a new section authorizing IVF for a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.  In addition, we add a new section stating that VA may provide fertility counseling and treatment using assisted reproductive technologies (ART), including IVF, to a spouse of a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. VA will provide ART treatment, including IVF, to these veterans and spouses as specified in the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act 2017, and Zika Response and Preparedness Act and, with the exception of IVF, to the extent such services are consistent with the services available to enrolled veterans under the medical benefits package.

 

 
Agency: Department of Veterans Affairs(VA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 38 CFR 17.38    38 CFR 17.415   
Legal Authority: 38 U.S.C. 501    Pub. L. 114-223 sec. 260   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  01/19/2017  82 FR 6273   
Interim Final Rule Effective  01/19/2017 
Interim Final Rule; Correction  02/21/2017  82 FR 11152   
Interim Final Rule Comment Period End  03/20/2017 
Final Action  03/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Patricia Hayes Ph.D.
Consultant
Department of Veterans Affairs
Women’s Health Services, Patient Care Services, 810 Vermont Avenue NW.,
Washington, DC 20420
Phone:202 461-0373
Email: patricia.hayes@va.gov