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Right to IVF Act

9/18/2024, 1:20 PM

Summary of Bill S 4445

Bill 118 s 4445, also known as the Right to IVF Act, is a piece of legislation currently being considered by the US Congress. The bill aims to ensure that individuals have the right to access in vitro fertilization (IVF) treatment, regardless of their marital status, sexual orientation, or gender identity.

The bill specifically prohibits discrimination against individuals seeking IVF treatment based on these factors. It also requires insurance companies to provide coverage for IVF treatment, making it more accessible and affordable for those who need it.

Additionally, the Right to IVF Act includes provisions to protect the rights of individuals who choose to use IVF, such as ensuring that their genetic material is not used without their consent and that they have access to counseling and support services throughout the process. Overall, the bill seeks to promote equality and access to reproductive healthcare for all individuals, regardless of their personal circumstances. It is currently being debated in Congress, with supporters arguing that it is a necessary step towards ensuring reproductive rights for all Americans.

Congressional Summary of S 4445

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.

 

 

Current Status of Bill S 4445

Bill S 4445 is currently in the status of Bill Introduced since June 3, 2024. Bill S 4445 was introduced during Congress 118 and was introduced to the Senate on June 3, 2024.  Bill S 4445's most recent activity was 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) as of September 17, 2024

Bipartisan Support of Bill S 4445

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
96
Democrat Cosponsors
92
Republican Cosponsors
0
Unaffiliated Cosponsors
4

Policy Area and Potential Impact of Bill S 4445

Primary Policy Focus

Health

Potential Impact Areas

- 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

Alternate Title(s) of Bill S 4445

Right to IVF Act
Right to IVF Act
Family Building FEHB Fairness Act
Access to Fertility Treatment and Care Act
Veteran Families Health Services Act
Access to Family Building Act
A bill to protect and expand nationwide access to fertility treatment, including in vitro fertilization.

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