I 
118TH CONGRESS 
2D SESSION 
H. R. 9643 
To protect and expand nationwide access to fertility treatment, including 
in vitro fertilization. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 17, 2024 
Ms. WILD (for herself, Mr. CONNOLLY, Ms. DELAURO, and Mr. LARSEN of 
Washington) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Veterans’ Affairs, Armed Services, Education and the Workforce, Ways 
and Means, and Oversight and Accountability, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To protect and expand nationwide access to fertility 
treatment, including in vitro fertilization. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Right to IVF Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Severability. 
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TITLE I—ACCESS TO FAMILY BUILDING 
Sec. 101. Short title. 
Sec. 102. Purposes. 
Sec. 103. Definitions. 
Sec. 104. Fertility treatment rights. 
Sec. 105. Applicability and preemption. 
TITLE II—VETERAN FAMILIES HEALTH SERVICES 
Sec. 200. Short title. 
Subtitle A—Reproductive and Fertility Preservation Assistance for Members 
of the Uniformed Services 
Sec. 201. Definitions. 
Sec. 202. Provision of fertility treatment and counseling to certain members of 
the uniformed services and spouses, partners, and gestational 
surrogates of such members. 
Sec. 203. Establishment of fertility preservation procedures after an injury or 
illness. 
Sec. 204. Cryopreservation and storage of reproductive genetic material of 
members of the uniformed services on active duty. 
Sec. 205. Assistance with and continuity of care regarding reproductive and 
fertility preservation services. 
Sec. 206. Coordination between Department of Defense and Department of 
Veterans Affairs on furnishing of fertility treatment and coun-
seling. 
Sec. 207. Regulations. 
Subtitle B—Reproductive Assistance for Veterans 
Sec. 211. Inclusion of fertility treatment and counseling under the definition of 
medical services in title 38. 
Sec. 212. Fertility treatment and counseling for certain veterans and spouses, 
partners, and gestational surrogates of such veterans. 
Sec. 213. Assistance with and continuity of care regarding reproductive and 
fertility preservation services. 
Sec. 214. Coordination of reproduction and fertility research for veterans. 
TITLE III—ACCESS TO FERTILITY TREATMENT AND CARE 
Sec. 301. Short title. 
Sec. 302. Standards relating to benefits for fertility treatment. 
Sec. 303. Requirement for State Medicaid plans To provide medical assistance 
for fertility treatment. 
Sec. 304. Medicare coverage of fertility treatment. 
TITLE IV—FAMILY BUILDING FEHB FAIRNESS 
Sec. 401. Short title. 
Sec. 402. Fertility treatment benefits. 
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SEC. 2. SEVERABILITY. 
If any provision of this Act, or the application of such 
provision to any person, entity, government, or cir-
cumstance is held to be unconstitutional, the remainder 
of this Act, or the application of such provision to all other 
persons, entities, governments, or circumstances shall not 
be affected thereby. 
TITLE I—ACCESS TO FAMILY 
BUILDING 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Access to Family 
Building Act’’. 
SEC. 102. PURPOSES. 
The purposes of this title are as follows: 
(1) To permit patients to seek and receive fer-
tility treatment, including assisted reproductive tech-
nology services, and to permit health care providers 
that choose to provide fertility treatment, to provide 
such services without States enacting harmful or un-
warranted limitations or requirements that single 
out the provision of assisted reproductive services for 
restrictions that are not consistent with widely ac-
cepted and evidence-based medical standards of care, 
and which do not significantly advance reproductive 
health or the efficacy and safety of fertility treat-
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ment, or make fertility treatment more difficult to 
access. 
(2) To promote the right and ability of a pa-
tient residing in any State to choose to receive fer-
tility treatment provided in accordance with widely 
accepted and evidence-based medical standards of 
care by a health care provider who chooses to pro-
vide such services. 
(3) To protect an individual’s right to make de-
cisions, in consultation with the individual’s health 
care provider, about the most appropriate medical 
care to maximize the chance of becoming pregnant 
and giving birth to a healthy, living, human child 
with the help of fertility treatment. 
SEC. 103. DEFINITIONS. 
In this title: 
(1) FERTILITY TREATMENT.—The term ‘‘fer-
tility treatment’’ includes the following: 
(A) Preservation of human oocytes, sperm, 
or embryos for later reproductive use. 
(B) 
Artificial 
insemination, 
including 
intravaginal insemination, intracervical insemi-
nation, and intrauterine insemination. 
(C) Assisted reproductive technology, in-
cluding in vitro fertilization and other treat-
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ments or procedures in which reproductive ge-
netic material, such as oocytes, sperm, fertilized 
eggs, and embryos, are handled, when clinically 
appropriate. 
(D) Genetic testing of embryos. 
(E) Medications prescribed or obtained 
over-the-counter, as indicated for fertility. 
(F) Gamete donation. 
(G) Such other information, referrals, 
treatments, procedures, medications, laboratory 
testing, technologies, and services relating to 
fertility as the Secretary of Health and Human 
Services determines appropriate. 
(2) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means any entity or indi-
vidual (including any physician, nurse practitioner, 
physician assistant, pharmacist, health care support 
personnel, clinical staff, and any other individual, as 
determined by the Secretary of Health and Human 
Services) that— 
(A) is engaged or seeks to engage in the 
delivery of fertility treatment, including through 
the provision of evidence-based information, 
counseling, referrals, or items and services that 
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relate to, aid in, or provide fertility treatment; 
and 
(B) if required by State law to be licensed, 
certified, or otherwise authorized to engage in 
the delivery of such services— 
(i) is so licensed, certified, or other-
wise authorized; or 
(ii) would be so licensed, certified, or 
otherwise authorized but for the fact that 
the individual or entity has provided, is 
providing, or plans to provide fertility 
treatment in accordance with section 104. 
(3) HEALTH
INSURANCE
ISSUER.—The term 
‘‘health insurance issuer’’ has the meaning given 
such term in section 2791(b) of the Public Health 
Service Act (42 U.S.C. 300gg–91(b)). 
(4) MANUFACTURER.—The term ‘‘manufac-
turer’’ means the manufacturer of a drug or device 
approved, cleared, authorized, or licensed under sec-
tion 505, 510(k), 513(f)(2), or 515 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 355, 
360(k), 360c(f)(2), 360e) or section 351 of the Pub-
lic Health Service Act (42 U.S.C. 262) or otherwise 
legally marketed. 
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(5) STATE.—The term ‘‘State’’ includes each of 
the 50 States, the District of Columbia, Puerto Rico, 
each territory and possession of the United States, 
and any political subdivision thereof. 
(6) WIDELY ACCEPTED AND EVIDENCE-BASED 
MEDICAL STANDARDS OF CARE.—The term ‘‘widely 
accepted and evidence-based medical standards of 
care’’ means any medical services, procedures, and 
practices that are in accordance with the guidelines 
of the American Society for Reproductive Medicine. 
SEC. 104. FERTILITY TREATMENT RIGHTS. 
(a) GENERAL RULE.— 
(1) INDIVIDUAL RIGHTS.—An individual has a 
statutory right under this title, without prohibition, 
limitation, interference, or impediment, to the extent 
that such prohibition, limitation, interference, or im-
pediment in any way or degree obstructs, delays, or 
affects commerce over which the Federal Govern-
ment has jurisdiction, to— 
(A) receive fertility treatment from a 
health care provider, in accordance with widely 
accepted and evidence-based medical standards 
of care; 
(B) continue or complete an ongoing fer-
tility treatment previously initiated by a health 
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care provider, in accordance with widely accept-
ed and evidence-based medical standards of 
care; 
(C) make decisions and arrangements re-
garding the donation, testing, use, storage, or 
disposition of reproductive genetic material, 
such as oocytes, sperm, fertilized eggs, and em-
bryos; and 
(D) establish contractual agreements with 
a health care provider relating to the health 
care provider’s services in handling, testing, 
storing, shipping, and disposing of the individ-
ual’s reproductive genetic material in accord-
ance with widely accepted and evidence-based 
medical standards of care. 
(2) HEALTH
CARE
PROVIDER
RIGHTS.—A 
health care provider has a statutory right under this 
title, without prohibition, limitation, interference, or 
impediment, to the extent that such prohibition, lim-
itation, interference, or impediment in any way or 
degree obstructs, delays, or affects commerce over 
which the Federal Government has jurisdiction, to— 
(A) provide, or assist with the provision of, 
fertility treatment provided in accordance with 
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widely accepted and evidence-based medical 
standards of care; 
(B) continue or complete the provision of, 
or assistance with, fertility treatment that was 
lawful when commenced and is provided in ac-
cordance with widely accepted and evidence- 
based medical standards of care; 
(C) provide for, or assist with, the testing, 
use, storage, or disposition of reproductive ge-
netic material, such as oocytes, sperm, fertilized 
eggs, and embryos, in accordance with widely 
accepted and evidence-based medical standards 
of care; and 
(D) establish contractual agreements with 
individuals or manufacturers relating to the 
health care provider’s services in handling, test-
ing, storing, shipping, and disposing of the indi-
vidual’s reproductive genetic material. 
(3) HEALTH
INSURANCE
ISSUER
RIGHTS.—A 
health insurance issuer has a statutory right under 
this title, without prohibition, limitation, inter-
ference, or impediment, to the extent that such pro-
hibition, limitation, interference, or impediment in 
any way or degree obstructs, delays, or affects com-
merce over which the Federal Government has juris-
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diction, to cover the provision of fertility treatment 
provided in accordance with widely accepted and evi-
dence-based medical standards of care. 
(4) MANUFACTURER RIGHTS.—A manufacturer 
of a drug or device that is approved, cleared, author-
ized, or licensed under section 505, 510(k), 
513(f)(2), or 515 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355; 360(k); 360c(f)(2); 
360e) or section 351 of the Public Health Service 
Act (42 U.S.C. 262) or otherwise legally marketed 
and intended for use in the provision of fertility 
treatment, including the storage or transport of oo-
cytes, gametes, fertilized eggs, and embryos, has a 
statutory right under this title, without prohibition, 
limitation, interference, or impediment, to the extent 
that such prohibition, limitation, interference, or im-
pediment in any way or degree obstructs, delays, or 
affects commerce over which the Federal Govern-
ment has jurisdiction, to manufacture, import, mar-
ket, sell, and distribute such drug or device. 
(b) STATE REGULATION
OF MEDICINE.—The en-
forcement of State health and safety law regarding med-
ical facilities or health care providers does not constitute 
a violation of subsection (a) if— 
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to provide medically appropriate fertility treatments 
to participants, beneficiaries, or enrollees; 
‘‘(2) prohibit a provider from discussing with a 
participant, beneficiary, or enrollee fertility treat-
ment relating to this section; 
‘‘(3) penalize or otherwise reduce or limit the 
reimbursement of a provider because such provider 
provided fertility treatment to a qualified partici-
pant, beneficiary, or enrollee in accordance with this 
section; or 
‘‘(4) on the ground prohibited under title VI of 
the Civil Rights Act of 1964, title IX of the Edu-
cation Amendments of 1972, the Age Discrimination 
Act of 1975, section 504 of the Rehabilitation Act 
of 1973, or section 1557 of the Patient Protection 
and Affordable Care Act, exclude any individual 
from coverage in accordance with this section, or 
discriminate against any individual with respect to 
such coverage. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require a participant, bene-
ficiary, or enrollee to undergo fertility treatment. 
‘‘(g) NOTICE.—A group health plan and a health in-
surance issuer offering group or individual health insur-
ance coverage shall provide notice to each participant, ben-
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