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     S        Congressional                                                        ____
     -  ' Research Service





DOD Policy Changes: Reproductive Health

Benefits



February 24, 2025

The Department of Defense (DOD) offers certain reproductive health services through the Military Health
System and its TRICARE program to approximately 9.5 million beneficiaries comprised of
servicemembers, military retirees, and their dependent family members. During the 118th Congress,
Congress considered and enacted legislation relating to TRICARE coverage policies for reproductive
health services and benefits to access non-covered reproductive health services. The 119th Congress may
consider prior actions taken by the Biden and Trump Administrations regarding certain non-covered
reproductive health benefits.


Background

By law (10 U.S.C. § 1079(a)(12)), TRICARE may cover medical care-including reproductive health
services-deemed by the Secretary of Defense (SECDEF) as medically or psychologically necessary.
TRICARE   currently covers
    *  reproductive health screening and preventive services,
    *  contraception services, and
    *  certain infertility services.
TRICARE   may not cover certain medical care prohibited in statute or regulation. For example, 10 U.S.C.
§1093 prohibits DOD from using funds or facilities to perform an abortion unless the pregnancy resulted
from rape or incest, or the life of the mother would be endangered if the fetus were carried to term.
Federal regulations (32 C.F.R. §199.4(g)(34)) also prohibit DOD from paying for certain types of
infertility services, except for seriously ill or injured active duty servicemembers and their spouses.
Active duty servicemembers may be authorized non-chargeable leave and travel and transportation
benefits to defray the costs of accessing covered health care services that is not available in the local
geographic area. TRICARE Prime-enrolled beneficiaries may also be authorized similar benefits through
the Prime Travel Benefit.
In situations where non-chargeable leave is not authorized, servicemembers may use chargeable leave.
Beneficiaries are liable for medical and travel expenses associated with accessing non-covered health
                                                                 Congressional Research Service
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