Sponsors (36)
Introduced June 11, 2025 by Tammy Duckworth · Last progress June 11, 2025
The bill expands and standardizes nationwide access to assisted reproductive treatments and protects providers from conflicting state bans, but in doing so it significantly limits state regulatory authority and creates fiscal, legal, and regulatory uncertainties (including costs and potential gaps in state-level safety or consumer protections).
Women, parents, and patients with chronic conditions can access a broad set of assisted reproductive technologies (IVF, preservation, meds, genetic testing and related services) nationwide, preserving treatment options across state lines.
Healthcare providers (clinicians, clinics, hospitals) can offer fertility services with federal protection from conflicting state restrictions, reducing legal risk and preserving provider choice to deliver evidence-based care.
Insurers, HHS, and patients gain a clear federal definition of covered fertility services, which can streamline claims, reduce arbitrary denials, and create a common reference for coverage decisions.
State governments and taxpayers lose substantial regulatory authority over fertility-care rules (facility, licensing, safety standards), constraining local public-health policymaking and creating political and legal conflict.
Taxpayers and state budgets could face increased litigation and legal-defense costs as DOJ and private suits proliferate to challenge or defend state restrictions, shifting public fiscal burdens.
Women, prospective parents, and middle-class families may face higher insurance premiums or still-high out-of-pocket costs because broader coverage expectations can raise insurer costs and the bill does not create an absolute coverage mandate.
Based on analysis of 5 sections of legislative text.
Establishes federal rights to access and provide evidence‑based fertility treatments and preempts state laws that prohibit or interfere with such care and related interstate commerce.
Creates federal rights to access and provide fertility treatment (including IVF, gamete donation, embryo testing, fertility preservation, medications, and related services) in accordance with widely accepted, evidence-based medical standards of care, and bars state laws that prohibit, limit, or interfere with such care or with interstate commerce in fertility services and related drugs/devices. The measure defines key terms, affirms that health care providers and manufacturers may provide, manufacture, import, market, and distribute fertility treatments and related products consistent with accepted medical guidance, and preempts conflicting state laws while preserving core federal authorities and HIPAA protections. It also allows providers and others sued under conflicting state laws to use the statute as a defense and creates private rights and remedies to enforce the federal protections for patients, providers, insurers, and manufacturers engaged in fertility care that follows evidence-based standards (as reflected by professional guidelines).