I 
118TH CONGRESS 
2D SESSION 
H. R. 8869 
To amend title XIX of the Social Security Act to require, as a condition 
of receiving Federal Medicaid funding, that States do not prohibit in 
vitro fertilization (IVF) services, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2024 
Mr. PERRY (for himself and Ms. MACE) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To amend title XIX of the Social Security Act to require, 
as a condition of receiving Federal Medicaid funding, 
that States do not prohibit in vitro fertilization (IVF) 
services, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘IVF Protection Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Since its development in the 1970s, in vitro 
fertilization (referred to in this section as ‘‘IVF’’) 
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has proven itself to be a safe, effective, and reliable 
means to achieving pregnancy. 
(2) IVF has allowed millions of aspiring parents 
to experience the miracle of childbirth. 
(3) IVF is a pro-woman and pro-family solution 
for those struggling to have children. 
(4) IVF has become a symbol of hope for those 
aspiring to conceive. 
(5) It is now estimated that nearly 2 percent of 
all live births in the United States are the result of 
IVF, resulting in tens of thousands of happy, 
healthy babies being born annually. 
(6) The use of IVF has strengthened our com-
munities and our nation by promoting generations of 
children and families that otherwise may not have 
come to be. 
SEC. 3. MEDICAID REQUIREMENT THAT STATES DO NOT 
PROHIBIT IVF SERVICES. 
Section 1902 of the Social Security Act (42 U.S.C. 
1396a) is amended by adding at the end the following new 
subsection: 
‘‘(uu) REQUIREMENT THAT STATES DO NOT PRO-
HIBIT IVF SERVICES.—As a condition of receiving pay-
ments under section 1903(a), a State— 
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‘‘(1) shall not prohibit in vitro fertilization (as 
defined in section 4(b) of the IVF Protection Act) 
services; and 
‘‘(2) shall ensure that no unit of local govern-
ment in the State prohibits such services.’’. 
SEC. 4. NO REQUIREMENT TO FURNISH IVF SERVICES. 
(a) IN GENERAL.—Nothing in the IVF Protection 
Act shall be construed to compel any individual or organi-
zation to provide in vitro fertilization services. 
(b) IN VITRO FERTILIZATION DEFINED.—In this 
section, the term ‘‘in vitro fertilization’’ means the prac-
tice whereby eggs are collected from ovaries and manually 
fertilized by sperm, for later placement inside of a uterus. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in the IVF Protection Act shall be construed 
to impede States from implementing health and safety 
standards regarding the practice of in vitro fertilization 
(as defined in section 4(b)). 
Æ 
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