S4445-118

Introduced

To protect and expand nationwide access to fertility treatment, including in vitro fertilization.

118th Congress Introduced Jun 3, 2024

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

The Right to IVF Act creates federal legal protections for access to in vitro fertilization and other fertility treatments. It prevents states from enacting laws that restrict or ban IVF and related reproductive technologies, while requiring most health insurance plans to cover fertility treatment.

Who Benefits and How

Individuals seeking fertility treatment benefit from guaranteed access and insurance coverage for IVF, egg freezing, artificial insemination, and related services. Fertility clinics and healthcare providers gain protection from state restrictions and expanded patient base through insurance mandates. Military service members and veterans receive free or subsidized fertility treatment through DOD and VA. Pharmaceutical companies manufacturing fertility drugs benefit from expanded market demand. Health insurance companies gain regulatory clarity, though face new coverage mandates.

Who Bears the Burden and How

Health insurance companies must cover fertility treatments, increasing their costs and potentially premiums for all policyholders. State governments lose authority to regulate fertility treatment practices within their borders. Taxpayers bear costs of fertility treatment coverage through Medicare, Medicaid, FEHB, and military/VA health systems. Employers with group health plans face higher insurance costs.

Key Provisions

  • Creates federal statutory right to provide and receive fertility treatment, preempting state laws
  • Requires group health plans, individual insurance, Medicare, and Medicaid to cover fertility treatment
  • Mandates DOD provide fertility treatment to service members and their families
  • Requires VA to provide fertility treatment to enrolled veterans
  • Requires FEHB plans to include fertility treatment benefits for federal employees

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Establishes federal statutory rights to access fertility treatment including IVF, preempts restrictive state laws, and mandates insurance coverage for fertility services.

Key Policy Areas

Healthcare, Reproductive Rights, Veterans Affairs, Insurance Regulation, Federal Employees

Primary Purpose

Establishes federal statutory rights to access fertility treatment including IVF, preempts restrictive state laws, and mandates insurance coverage for fertility services.

Policy Domains

Healthcare Reproductive Rights Veterans Affairs Insurance Regulation Federal Employees

Title I - Access to Family Building Act

Identified Gains
Contextual inference, no direct clause citation
  • Individuals seeking fertility treatment
  • Fertility clinics and healthcare providers
  • Health insurance issuers
  • Drug and device manufacturers
Model: N/A | Version: bill_summary_v2 | Source: pcs

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • State governments
  • Anti-abortion advocacy groups
Model: N/A | Version: bill_summary_v2 | Source: pcs

Contextual inference, no direct clause citation

Title II - Veteran Families Health Services Act

Identified Gains
Contextual inference, no direct clause citation
  • Military service members
  • Veterans
  • Spouses and partners of service members and veterans
Model: N/A | Version: bill_summary_v2 | Source: pcs

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Department of Defense
  • Department of Veterans Affairs
  • Taxpayers
Model: N/A | Version: bill_summary_v2 | Source: pcs

Contextual inference, no direct clause citation

Title IV - Family Building FEHB Fairness Act

Identified Gains
Contextual inference, no direct clause citation
  • Federal employees
  • Federal employee family members
Model: N/A | Version: bill_summary_v2 | Source: pcs

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Federal government
  • FEHB plan administrators
Model: N/A | Version: bill_summary_v2 | Source: pcs

Contextual inference, no direct clause citation

Title III - Access to Fertility Treatment and Care Act

Identified Gains
Contextual inference, no direct clause citation
  • Individuals with health insurance
  • Medicaid beneficiaries
  • Medicare beneficiaries
  • Fertility treatment providers
Model: N/A | Version: bill_summary_v2 | Source: pcs

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Health insurance companies
  • Employers with group health plans
  • State Medicaid programs
  • Medicare trust fund
Model: N/A | Version: bill_summary_v2 | Source: pcs

Contextual inference, no direct clause citation

Legislative Progress

Introduced
Introduced Committee Passed
Jun 4, 2024

Read the second time and placed on the calendar

Jun 3, 2024

Ms. Duckworth (for herself, Mrs. Murray, Mr. Booker, Mr. Schumer, …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Healthcare
15 mentions across 14 clauses
+15 positive

Covered veterans seeking fertility treatment, Employees with employer-sponsored health insurance, Health plan participants and beneficiaries

Government
14 mentions across 12 clauses
+1 positive -13 negative

Department of Defense, Department of Veterans Affairs, Federal employees seeking fertility treatment

Positive-direction: Federal employees seeking fertility treatment

Negative-direction: Department of Defense, Department of Veterans Affairs, Medicare program, Office of Personnel Management, State Medicaid programs, State governments seeking to regulate fertility treatment, State governments with restrictive fertility laws

Ambulatory Health Care Services
11 mentions across 11 clauses
+10 positive ?1 uncertain

Cryopreservation and storage facilities, Fertility clinics and IVF providers, Fertility clinics and cryopreservation facilities

Financial Services
5 mentions across 5 clauses
-5 negative

FEHB participating insurers, Group and individual health plan sponsors, Group health plans

Military
4 mentions across 4 clauses
+3 positive ?1 uncertain

Military service members, Military service members deploying to combat zones, Military service members with service-related fertility injuries

Research & Science
1 mention across 1 clause
+1 positive

Reproductive medicine researchers

Manufacturing
1 mention across 1 clause
+1 positive

Pharmaceutical manufacturers of fertility drugs

All Industries
1 mention across 1 clause
-1 negative

Employers offering group health plans

19/30
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Healthcare Reproductive Rights
Actor Mappings
"the_secretary"
→ Secretary of Health and Human Services
"the_attorney_general"
→ Attorney General
Domains
Veterans Affairs Healthcare
Actor Mappings
"the_secretary"
→ Secretary of Defense (Subtitle A) / Secretary of Veterans Affairs (Subtitle B)
Domains
Insurance Regulation Healthcare
Actor Mappings
"the_secretary"
→ Secretary of Health and Human Services
Domains
Federal Employees Insurance Regulation
Actor Mappings
"the_director"
→ Director of the Office of Personnel Management

Note: 'The Secretary' refers to Secretary of Health and Human Services in Titles I and III, Secretary of Defense in Title II Subtitle A (sections 200-207), and Secretary of Veterans Affairs in Title II Subtitle B (sections 211-214).

Key Definitions

Terms defined in this bill

3 terms
"fertility treatment" §103

Includes preservation of oocytes/sperm/embryos, artificial insemination, assisted reproductive technology including IVF, genetic testing of embryos, fertility medications, and gamete donation.

"widely accepted and evidence-based medical standards of care" §103_widely_accepted

Medical services, procedures, and practices in accordance with the guidelines of the American Society for Reproductive Medicine.

"health care provider" §103_health_care_provider

Any entity or individual engaged in delivering fertility treatment including physicians, nurses, pharmacists, and clinical staff, if properly licensed.

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology