Right to IVF Act
Introduced on June 3, 2024 by Tammy Duckworth
Legislation Details
Last updated 10/1/2024
Introduced on June 3, 2024 by Tammy Duckworth
Last updated 10/1/2024
Right to IVF Act
This bill provides a statutory right to access fertility treatments (e.g., in
vitro fertilization).
Specifically, under the bill, individuals have the right to access fertility
treatments and to make decisions about the use of their reproductive genetic
material (e.g., embryos) without limitation or interference. Health care
providers and insurers have the right to provide and cover these services,
respectively. Manufacturers of applicable drugs or devices also have the right
to provide these drugs or devices.
The bill supersedes state laws that limit or otherwise interfere with the
provision of fertility treatments as set out under this bill, including laws
that require medically unnecessary procedures or services in conjunction with
fertility treatments or that restrict the ability of individuals to receive
fertility treatments based on marital status or sex (including sexual
orientation or gender identity). The bill does not affect state health and
safety regulations for medical facilities or health care providers that are in
accordance with widely accepted and evidence-based medical standards and for
which the purpose cannot be achieved in another, nonrestrictive manner.
The Department of Justice may bring civil actions against states, individuals,
or entities that implement or enforce limitations or requirements that violate
this bill. Individuals and health care providers may also bring civil actions.
In addition, the bill provides for coverage of fertility treatments under
Medicare and Medicaid and for members of the uniformed services and veterans. It
also requires private insurers that cover obstetrical services to also cover
fertility treatments.