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Baby's toe peeks out of a blanket.

Unmarried service members and those who require donor gametes and in vitro fertilization to have a baby may soon be able to access advanced fertility treatments within the Department of Defense's health system.

The DoD plans to change its policy that offers assisted fertility treatments at select military hospitals to married couples at cost and for free to troops whose infertility is tied to a service-connected injury, while barring all others from receiving the benefit.

Under the change, described last month in court documents as part of an ongoing lawsuit, the DoD will remove the requirement that service members be married and will allow the use of donor eggs or sperm -- a change that will broaden eligibility to include single service members, same-sex couples and married couples unable to use their own gametes.

Read Next: Years-long Delay in Covering Transgender Surgeries Prompts Lawsuit Against VA[1]

"DoD is in the process of determining the exact contours of these policy changes and expects to finalize and share with plaintiff a signed memorandum by the end of February 2024 that formally directs the changes and provides further details on their scope," wrote Damian Williams, U.S. attorney for the Southern District of New York.

The National Organization for Women, the Yale Law School Veterans Legal Services Clinic and the National Veterans Legal Services Program filed a lawsuit in August[2] against the DoD and the Department of Veterans Affairs[3], charging that their coverage policies for in vitro fertilization and other fertility treatments are discriminatory against single troops and same-sex couples.

They also argued that the policy violates the Affordable Care Act, which prohibits discrimination on the basis of sex.

According to the court documents, the VA is continuing to review its policy and now must do so in light of the DoD's changes, which the VA must consider before issuing its final decision.

Although the VA has not announced any new policies, Sonia Ossorio, executive director of NOW NYC, called the DoD's decision "a big win."

"We applaud the Department of Defense for working to expand access to fertility treatments for service members," Ossorio said in a statement. "We are overjoyed for our military members who may only now qualify for coverage and desperately need this care to build a family."

Under the current policy, the DoD covers fertility counseling, in vitro fertilization and other assisted reproductive technologies for married service members whose infertility is tied to a military injury or related illness.

Other married troops are given access to IVF, artificial insemination and other fertility services at cost at one of seven military treatment facilities that offer such care.

Service members and their families also can use Tricare[4], the military's civilian health benefits program, for limited services such as diagnoses of conditions that cause infertility and correction of medical issues that may be the source. But Tricare does not cover reproductive procedures such as IVF or artificial insemination for non-injured service members.

Because of that lack of coverage by Tricare and a requirement that non-injured troops cover the cost of the benefit, Ossorio said her organization will continue to challenge the DoD's and VA's policies.

Briana Thompson, a former Air Force[5] officer and student intern at Yale's Veterans Legal Services Clinic, said that, despite the DoD's pending change, its policy requirements remain "unlawful."

"Service members who delay child rearing and need IVF because of the basic demands of military life like deployment[6] and permanent change of station[7] are ineligible for care," Thompson said in a statement.

The case, National Organization for Women-New York City v. United States Department of Defense et al., remains ongoing with the government having been granted an extension as the VA weighs the DoD's change.

Both parties also are continuing to argue over the legality of the DoD's and VA's requirement that the condition be caused by a service-connected illness or injury to qualify for complete coverage of the benefit without any out-of-pocket expenses to troops or veterans.

Related: Veteran Advocates Sue over 'Discriminatory' Fertility Treatment Policies at DoD, VA[8]

© Copyright 2024 Military.com. All rights reserved. This article may not be republished, rebroadcast, rewritten or otherwise distributed without written permission. To reprint or license this article or any content from Military.com, please submit your request here[9].

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Navy sailor embraces his family following USS Normandy's return

Last year, inside the massive, annual defense policy bill was a measure aimed at making long exercises and deployments easier on families -- a hike in the "Family Separation Allowance" -- but, for reasons that remain unclear, the Pentagon has yet to implement the bump in pay[1].

The allowance, also known as FSA[2], is typically an extra monthly $250 that a service member is paid "to defray a reasonable amount of extra expenses" that come with a separation from their dependents that lasts more than 30 days.

Under the National Defense Authorization Act, or NDAA, signed into law in December, the Pentagon is now allowed to increase the allowance to as much as $400. Specifically, the bill says the payment must be "not less than $250, and not more than $400."

Read Next: Some Military Patients Left Without Heat for a Week at Texas Base During Blast of Frigid Weather[3]

According to an internal Army[4] newsletter that was sent out to soldiers Friday and reviewed by Military.com, the service described the change in the NDAA as "discretionary" and cited unnamed Defense Department guidance that meant "no increase is being implemented."

Military.com reached out to the Pentagon, and a defense official said in an emailed statement Tuesday that they have "not made any decision to change the monthly amount of Family Separation Allowance at this time."

The official's statement also noted that Congress gave the Pentagon "flexibility over time to adjust payment levels based upon the department's needs and other conditions" but did not offer any details as to what needs are holding back the hike in payments.

The official was unable to offer a timeline on when the increase would be enacted but pointed to an ongoing military compensation review that is expected to issue a final report at the end of 2024.

"The department looks forward to reviewing its recommendations at that time," the statement said, without offering any assurances that an increase in the FSA would happen at that point.

Military Times was the first outlet to report the story[5].

The NDAA also required that the review, formally known as the Quadrennial Review of Military Compensation, include an examination of the FSA.

Amid lawmakers' desire to boost service members' pay, defense officials have repeatedly deferred to the ongoing review. For example, the Biden administration opposed a push to overhaul the pay chart[6] so junior enlisted service members would make the equivalent of at least $15 per hour by arguing that such a change would be premature during the review.

The version of the NDAA that was signed into law was watered down from the original House-passed proposal. The NDAA that the House passed in July required the FSA to be increased to $400 without any wiggle room. A report accompanying the compromise version of the bill did not offer an explanation for changing the provision to a range.

Rep. Tony Gonzales, R-Texas, the original sponsor of the NDAA provision, vowed to continue pushing the Pentagon to increase the stipend.

"Our military families make great sacrifices every day -- it's only fair that we do everything we can to improve their quality of life," Gonzales said in a written statement this week. "That is why I pushed hard to increase the Family Separation Allowance in this year's NDAA for the first time in two decades. I will continue to work with the Department of Defense to ensure this boost is made a reality for military parents across the country."

The confusion and delay from defense officials on a seemingly minor point of service member compensation comes at a critical time for the Defense Department. Most of the services have struggled to meet recruiting goals[7] -- despite huge bonuses and novel ideas -- in the past year and there are few indications that the situation will improve soon. In response, branches like the Navy[8] have been heaving huge sums of cash at well-qualified recruits.

Citing tight competition with the private sector for job benefits and perks, Navy officials offered recruits up to $115,000 in 2022 to sign up for the sea service.

"We are offering record-high enlistment bonuses to be competitive with the strong civilian labor market, recognizing that we are in competition for the best and the brightest young Americans from all walks of life," the Navy's Recruiting Command spokesman told Military.com at the time[9].

Now, that maximum Navy bonus total has grown to $140,000[10].

Related: The Navy's Personnel Boss Is Confident Data Can Fix the Service's Recruiting Woes[11]

© Copyright 2024 Military.com. All rights reserved. This article may not be republished, rebroadcast, rewritten or otherwise distributed without written permission. To reprint or license this article or any content from Military.com, please submit your request here[12].

Read more

Navy sailor embraces his family following USS Normandy's return

Last year, inside the massive, annual defense policy bill was a measure aimed at making long exercises and deployments easier on families -- a hike in the "Family Separation Allowance" -- but, for reasons that remain unclear, the Pentagon has yet to implement the bump in pay[1].

The allowance, also known as FSA[2], is typically an extra monthly $250 that a service member is paid "to defray a reasonable amount of extra expenses" that come with a separation from their dependents that lasts more than 30 days.

Under the National Defense Authorization Act, or NDAA, signed into law in December, the Pentagon is now allowed to increase the allowance to as much as $400. Specifically, the bill says the payment must be "not less than $250, and not more than $400."

Read Next: Some Military Patients Left Without Heat for a Week at Texas Base During Blast of Frigid Weather[3]

According to an internal Army[4] newsletter that was sent out to soldiers Friday and reviewed by Military.com, the service described the change in the NDAA as "discretionary" and cited unnamed Defense Department guidance that meant "no increase is being implemented."

Military.com reached out to the Pentagon, and a defense official said in an emailed statement Tuesday that they have "not made any decision to change the monthly amount of Family Separation Allowance at this time."

The official's statement also noted that Congress gave the Pentagon "flexibility over time to adjust payment levels based upon the department's needs and other conditions" but did not offer any details as to what needs are holding back the hike in payments.

The official was unable to offer a timeline on when the increase would be enacted but pointed to an ongoing military compensation review that is expected to issue a final report at the end of 2024.

"The department looks forward to reviewing its recommendations at that time," the statement said, without offering any assurances that an increase in the FSA would happen at that point.

Military Times was the first outlet to report the story[5].

The NDAA also required that the review, formally known as the Quadrennial Review of Military Compensation, include an examination of the FSA.

Amid lawmakers' desire to boost service members' pay, defense officials have repeatedly deferred to the ongoing review. For example, the Biden administration opposed a push to overhaul the pay chart[6] so junior enlisted service members would make the equivalent of at least $15 per hour by arguing that such a change would be premature during the review.

The version of the NDAA that was signed into law was watered down from the original House-passed proposal. The NDAA that the House passed in July required the FSA to be increased to $400 without any wiggle room. A report accompanying the compromise version of the bill did not offer an explanation for changing the provision to a range.

Rep. Tony Gonzales, R-Texas, the original sponsor of the NDAA provision, vowed to continue pushing the Pentagon to increase the stipend.

"Our military families make great sacrifices every day -- it's only fair that we do everything we can to improve their quality of life," Gonzales said in a written statement this week. "That is why I pushed hard to increase the Family Separation Allowance in this year's NDAA for the first time in two decades. I will continue to work with the Department of Defense to ensure this boost is made a reality for military parents across the country."

The confusion and delay from defense officials on a seemingly minor point of service member compensation comes at a critical time for the Defense Department. Most of the services have struggled to meet recruiting goals[7] -- despite huge bonuses and novel ideas -- in the past year and there are few indications that the situation will improve soon. In response, branches like the Navy[8] have been heaving huge sums of cash at well-qualified recruits.

Citing tight competition with the private sector for job benefits and perks, Navy officials offered recruits up to $115,000 in 2022 to sign up for the sea service.

"We are offering record-high enlistment bonuses to be competitive with the strong civilian labor market, recognizing that we are in competition for the best and the brightest young Americans from all walks of life," the Navy's Recruiting Command spokesman told Military.com at the time[9].

Now, that maximum Navy bonus total has grown to $140,000[10].

Related: The Navy's Personnel Boss Is Confident Data Can Fix the Service's Recruiting Woes[11]

© Copyright 2024 Military.com. All rights reserved. This article may not be republished, rebroadcast, rewritten or otherwise distributed without written permission. To reprint or license this article or any content from Military.com, please submit your request here[12].

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Pediatric Intensive Care Unit charge nurse secures a pulse oximeter

The Defense Department is doing an about-face on a major component of reforms it launched seven years ago to reduce medical care costs, abandoning a plan to push family members and military retirees to private-sector care.

In a memo sent last month to senior Pentagon leaders, Deputy Defense Secretary Kathleen Hicks outlined an effort to "re-attract" beneficiaries to military hospitals and clinics -- at least 7% of those now receiving medical care through Tricare[1], the DoD's private health program, by Dec. 31, 2026.

Hicks said certain elements of the DoD's health system overhaul, which was mandated by Congress in 2017, have left military treatment facilities, or MTFs, "chronically understaffed" and unable to deliver timely care to all patients.

Read Next: Some Military Patients Left Without Heat for a Week at Texas Base During Blast of Frigid Weather[2]

The goal for the new plan would be to review current staffing and potentially shift providers among facilities, or add new personnel as needed in order to provide improved access to care and bring back patients, according to the memo, provided Monday to Military.com by request.

In the memo, Hicks said the circumstances at military hospitals have not only affected beneficiaries, they have hindered providers, depriving them of opportunities to maintain their skills.

"Realignment of medical personnel, coupled with a challenging health care economy and ambitious private-sector care capacity assumptions, led to chronically understaffed [military treatment facilities] and [dental treatment facilities, or DTFs] that at times cannot deliver timely care to beneficiaries or ensure sufficient workload to maintain and sustain clinical skills," Hicks wrote.

The fiscal 2017 National Defense Authorization Act gave the Defense Department leeway in reorganizing the military health system[3] to address rising costs and ensure the readiness of military health care providers to support combat operations and training.

As part of the reforms, management of the military services' 51 hospitals and 424 health and dental clinics shifted to the Defense Health Agency, which also was responsible for overseeing the massive plan to realign staffing at and consolidation of military health facilities while transferring an estimated 200,000 non-military beneficiaries[4] to the Tricare network for private care.

Under the plan, the services were to cut roughly 12,800 military health billets, while the DHA would close or realign 50 facilities, including 38 that would serve military personnel only.

The DoD hoped that the consolidation and restructuring, which would require non-active-duty families to pay[5] a larger portion of their health care costs, would curtail the military health system's now $54 billion budget.

Senior health officials said the reforms would be conducted so that patients still were able to access care within standards and, in some cases, have even better access.

But this did not prove to be the case.

In 2019, lawmakers began complaining that their military constituents were unable to get medical care in the private sector[6] as a result of oversaturated markets and shrinking Tricare networks.

In 2022, evidence began emerging that staffing cuts at military health facilities and inflated estimates of the number of available physicians in civilian networks were affecting patient care in North Carolina, New York, the Pacific Northwest, California and Japan.

In some cases, patients drove an hour each way to receive quality care[7].

"We are really concerned about access to care overall, those within the direct care system and the purchase care system," said Eileen Huck, senior deputy director for government relations at the National Military Family Association, referring to the military and Tricare health systems, respectively, in an interview Tuesday. "We've been concerned about the erosion of the purchase care network, the lack of providers and specialties in some locations."

Hicks said the key to bringing patients back to military treatment facilities is building and staffing a dependable, high-quality workforce at these hospitals and clinics.

Under the plan:

  • DoD must identify its military medical requirements -- including casualty care, combatant command and military department needs -- by July 2024.
  • The under secretary of defense for personnel and readiness is to complete a comprehensive review of all medical manpower and staffing.
  • The Defense Health Agency and the military services are to identify the capacity of each military treatment facility and the needs for military staff and civilian manpower by July 2024.
  • DHA must be able to bring back at least 7% of beneficiaries to military treatment facilities on average by Dec. 31, 2026.
  • The services and DHA must come up with a plan to realign staffing and prioritize assignments to ensure that facilities can take care of patients and support operational needs.

"Re-attracting and caring for more beneficiaries in MTFs and DTFs means that DoD needs to increase capacity and improve access," Hicks wrote. "To do so safely, MTFs and DTS must be staffed to provide quality patient care as well as career development, education and training opportunities for medical and dental personnel."

The effort to draw patients back to military treatment facilities echoes a major initiative launched a decade ago by Dr. Jonathan Woodson[8], then the assistant secretary of defense for health affairs, to attract patients to military treatment facilities in the waning years of the Iraq and Afghanistan wars.

For more than a decade, deployments[9] of medical staff to combat zones made it difficult for many non-uniformed beneficiaries to get appointments at base hospitals and clinics, forcing them to seek care in their communities.

Citing data that showed direct care at military facilities cost about one-third less than Tricare purchased care, Woodson set a goal to ensure that base hospital usage reached 70% capacity.

At the time, some were running at just 33% capacity.

Woodson now serves as president of the Uniformed Services University of the Health Sciences, the Defense Department's medical school and research university, which, while not mentioned in the memo, would likely contribute to the new efforts given that the school is responsible for educating a portion of the U.S. military's physicians.

Karen Ruedisueli, director of government relations for health affairs at the Military Officers Association of America, remembered that effort and said MOAA is not opposed to the new emphasis on military-provided care -- if the DoD can ensure that the system has the capacity to take new patients.

"It's our concern that ... these folks are going to have trouble getting an appointment," Ruedisueli said. "We think there are a lot of question marks about what this looks like for military families."

She added that MOAA is advocating for beneficiaries to have a system for reporting problems, including access issues, with their health care to the DoD and have more flexibility in changing health plans.

Currently, beneficiaries can change plans only during open season or in a major qualifying life event, such as a marriage, divorce, birth of a child or move on military orders.

Ruedisueli said military families deserve more flexibility to choose plans, something that may be required if the Defense Health Agency wants to bring beneficiaries who use Tricare Select[10] -- a flexible fee-based plan that lets beneficiaries choose their own doctors but does not let them use military treatment facilities -- back into those hospitals.

"The messaging has been for so long ... 'We're moving people out to the network,' which was all about readiness, and now, it's bringing people back in to support readiness, so there has been some whiplash for us," Ruedisueli said. "At the end of the day, there's still so many details we don't know."

Hicks said the department will move ahead with its plans to ensure that the U.S. military is medically ready to fight a war and all beneficiaries have access to care.

"Our service members, their families, other beneficiaries and all those cared for by military medicine will be better served when we rebuild MTF capacity," Hicks wrote.

Related: Denied Care, Deaths in Japan Result from Lack of Emergency Medical Services for American Personnel[11]

© Copyright 2024 Military.com. All rights reserved. This article may not be republished, rebroadcast, rewritten or otherwise distributed without written permission. To reprint or license this article or any content from Military.com, please submit your request here[12].

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