Right to IVF Act

Bill: 118-s-4445
Sponsor: Sen. Duckworth, Tammy [D-IL]
Introduced: 2024-06-03 in the Senate
Policy area: Health
Subjects: Civil actions and liability
Drug therapy
Family planning and birth control
Federal district courts
Federal preemption
Genetics
Government employee pay, benefits, personnel management
Health care costs and insurance
Health care coverage and access
Health information and medical records
Health technology, devices, supplies
Jurisdiction and venue
Labor-management relations
Medicaid
Medical research
Military personnel and dependents
Prescription drugs
Right of privacy
Sex and reproductive health
State and local government operations
Veterans' medical care
Women's health

Summary:
action_date: 2024-06-03
text: 

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.

 

 


Legislative actions:
action_date: 2024-09-17
text: Upon reconsideration, cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 51 - 44. Record Vote Number: 242. (CR S6078)
action_date: 2024-09-17
text: Motion by Senator Schumer to reconsider the vote by which cloture on the motion to proceed to S. 4445 was not invoked (Record Vote No. 197) agreed to in Senate by Voice Vote. (CR S6078)
action_date: 2024-09-17
text: Motion to proceed to consideration of the motion to reconsider the vote by which cloture on the motion to proceed to S. 4445 was not invoked (Record Vote No. 197) agreed to in Senate by Voice Vote. (CR S6078)
action_date: 2024-09-17
text: Motion to proceed to measure considered in Senate. (CR S6075)
action_date: 2024-06-13
text: Motion by Senator Schumer to reconsider the vote by which cloture on the motion to proceed to the measure was not invoked (Record Vote No. 197) made in Senate.
action_date: 2024-06-13
text: Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 48 - 47. Record Vote Number: 197. (CR S4075)
action_date: 2024-06-13
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S4067-4075)
action_date: 2024-06-05
text: Cloture motion on the motion to proceed to the measure presented in Senate. (CR S3983)
action_date: 2024-06-05
text: Motion to proceed to consideration of measure made in Senate. (CR S3983)
action_date: 2024-06-04
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 413.
action_date: 2024-06-03
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2024-06-03
text: Introduced in Senate