S-4445 : Still Just a Bill

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.