“A bill to establish statutory rights to choose to receive, provide, and cover fertility treatments, and for other purposes.”
No CRS summary available for this bill.
This section states the purposes of the Act, which are (1) to permit patients to seek and receive fertility treatment, including assisted reproductive technology services, and health care providers to provide such services without states imposing harmful or unwarranted limitations that single out assisted reproductive services for restrictions inconsistent with evidence-based medical standards of care or that do not advance reproductive health, treatment efficacy and safety, or access; (2) to promote patients' right in any state to choose fertility treatment consistent with evidence-based standards from willing providers; and (3) to protect individuals' right, in consultation with their health care provider, to decide on fertility treatment to maximize chances of pregnancy and healthy birth.
This section defines terms for purposes of the Act, including: (1) "fertility treatment," encompassing oocyte, sperm, or embryo preservation; artificial insemination; assisted reproductive technologies such as in vitro fertilization; embryo genetic testing; fertility medications; gamete donation; and other services determined appropriate by the Secretary of Health and Human Services; (2) "health care provider," meaning entities or individuals delivering fertility treatment (including information, counseling, or referrals), who are licensed if required by state law or would be but for providing such treatment under section 4; (3) "health insurance issuer," as defined in section 2791(b) of the Public Health Service Act; (4) "manufacturer," meaning producers of drugs or devices approved, cleared, authorized, or licensed under specified provisions of the Federal Food, Drug, and Cosmetic Act or Public Health Service Act, or otherwise legally marketed; (5) "State," including the 50 states, District of Columbia, Puerto Rico, U.S. territories and possessions, and political subdivisions; and (6) "widely accepted and evidence-based medical standards of care," meaning services, procedures, and practices in accordance with American Society for Reproductive Medicine guidelines.
This section establishes federal statutory rights—preempting any state prohibition, limitation, interference, or impediment affecting interstate commerce—for (1) individuals to receive or continue fertility treatments, make decisions on their reproductive genetic material, and enter related contracts with providers; (2) health care providers to provide or assist with such treatments and handle genetic material; (3) health insurance issuers to cover such treatments; and (4) manufacturers to produce, market, and distribute drugs or devices approved under specified FDA authorities (i.e., sections 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act), all in accordance with widely accepted and evidence-based medical standards of care. State health and safety laws regulating medical facilities or providers do not violate these rights if consistent with such standards and no less restrictive alternative achieves the safety objective. This section authorizes the Attorney General to bring civil actions against states or officials enforcing violative measures, provides a private right of action for affected individuals or entities, and permits health care providers to sue on behalf of themselves, staff, or patients.
This section preempts state laws inconsistent with the statutory rights established under this Act—including any statutory, common law, or other provisions adopted before or after enactment—prohibiting states from administering or enforcing conflicting measures notwithstanding other federal law. Preemption does not apply to (1) state laws resolving disputes between individuals over rights to the same reproductive genetic material or (2) other state laws, to the extent they do not conflict with this Act and protect individuals' rights to fertility treatment consistent with evidence-based medical standards (including laws holding providers accountable for substandard care). The section preserves federal public health authorities under the Federal Food, Drug, and Cosmetic Act and Public Health Service Act, as well as HIPAA privacy, security, and breach notification rules; subordinates subsequently enacted federal statutes unless they explicitly exclude this Act; and authorizes this Act to be raised as a defense by individuals or entities facing causes of action for limitations or requirements that violate the Act.