This comprehensive bill seeks to safeguard and broaden access to assisted reproductive technology (ART) , including in vitro fertilization (IVF) , and intrauterine insemination (IUI) across the United States. It establishes a federal framework to ensure that individuals can seek and receive these services, and that healthcare providers can offer them without facing unwarranted state-level prohibitions or limitations. The legislation explicitly defines ART and IUI , encompassing treatments like egg/embryo cryopreservation and donation, along with associated medications. Under Title I, the "Protect IVF Act" grants statutory rights to individuals to receive ART/IUI and make decisions regarding reproductive genetic material, such as oocytes, sperm, and embryos. It also protects the rights of healthcare providers to offer these services, health insurance issuers to cover them, and manufacturers to produce related drugs and devices. States are prohibited from enacting laws that obstruct access to ART/IUI , unless such regulations are consistent with American Society for Reproductive Medicine ( ASRM ) guidelines and significantly advance reproductive health or safety. The bill provides robust enforcement mechanisms, allowing the Attorney General or adversely affected individuals and entities to initiate civil actions against states or officials violating these rights. Courts are empowered to set aside or enjoin unlawful limitations and award equitable relief, including attorney's fees to prevailing plaintiffs. This title also clarifies that state laws inconsistent with these statutory rights are superseded, ensuring a uniform standard for ART/IUI access. Title II, the "Veteran Families Health Services Act," significantly expands reproductive assistance for military personnel and veterans. Subtitle A mandates that the Department of Defense provide ART , IUI , and counseling to service members and their spouses, partners, or gestational surrogates, irrespective of sex, gender identity, sexual orientation, infertility diagnosis, or marital status. This includes coverage for up to three oocyte retrievals and unlimited embryo transfers for IVF , and allows for the procurement of donated reproductive genetic material. Furthermore, the Department of Defense must establish procedures for fertility preservation, including cryopreservation of reproductive genetic material, for service members whose fertility is jeopardized by injury or illness, or prior to deployment or hazardous assignments. These services are provided at no cost until one year after separation from service, with clear options for continued storage. The bill also ensures continuity of care during permanent changes of station and mandates coordination between the Department of Defense and the Department of Veterans Affairs. Subtitle B of Title II extends similar comprehensive ART and IUI benefits to veterans through the Department of Veterans Affairs. It amends Title 38 to include these services as covered medical care for enrolled veterans and their partners, spouses, or gestational surrogates, again without regard to various personal characteristics. The VA is required to conduct outreach and training, and coordinate reproduction and fertility research to meet veterans' long-term reproductive health needs. Title III, the "Access to Fertility Treatment and Care Act," focuses on expanding insurance coverage for ART and IUI nationwide. It mandates that group health plans and health insurance issuers, under the Public Health Service Act, ERISA, and the Internal Revenue Code, provide coverage for ART and IUI when deemed medically appropriate by a healthcare provider, even without an infertility diagnosis. Cost-sharing for these services cannot exceed that for other medical services, and plans are prohibited from offering incentives to discourage treatment or discriminating against individuals. This title also requires State Medicaid plans to include ART and IUI as covered medical assistance, aligning with the new standards for private insurance. Additionally, it expands Medicare coverage to explicitly include ART and IUI , waiving coinsurance and deductibles for these treatments. These provisions aim to make fertility treatments more accessible and affordable for a broader segment of the population. Finally, Title IV, the "Family Building FEHB Fairness Act," ensures that federal employees also receive comprehensive ART and IUI benefits. It amends the Federal Employees Health Benefits (FEHB) program to include these services, further broadening access to fertility care across various federal programs and private insurance markets. The bill's severability clause ensures that if any provision is found unconstitutional, the remainder of the Act remains in effect.
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Health
Right to IVF Act of 2026
USA119th CongressS-5108| Senate
| Updated: 7/23/2026
This comprehensive bill seeks to safeguard and broaden access to assisted reproductive technology (ART) , including in vitro fertilization (IVF) , and intrauterine insemination (IUI) across the United States. It establishes a federal framework to ensure that individuals can seek and receive these services, and that healthcare providers can offer them without facing unwarranted state-level prohibitions or limitations. The legislation explicitly defines ART and IUI , encompassing treatments like egg/embryo cryopreservation and donation, along with associated medications. Under Title I, the "Protect IVF Act" grants statutory rights to individuals to receive ART/IUI and make decisions regarding reproductive genetic material, such as oocytes, sperm, and embryos. It also protects the rights of healthcare providers to offer these services, health insurance issuers to cover them, and manufacturers to produce related drugs and devices. States are prohibited from enacting laws that obstruct access to ART/IUI , unless such regulations are consistent with American Society for Reproductive Medicine ( ASRM ) guidelines and significantly advance reproductive health or safety. The bill provides robust enforcement mechanisms, allowing the Attorney General or adversely affected individuals and entities to initiate civil actions against states or officials violating these rights. Courts are empowered to set aside or enjoin unlawful limitations and award equitable relief, including attorney's fees to prevailing plaintiffs. This title also clarifies that state laws inconsistent with these statutory rights are superseded, ensuring a uniform standard for ART/IUI access. Title II, the "Veteran Families Health Services Act," significantly expands reproductive assistance for military personnel and veterans. Subtitle A mandates that the Department of Defense provide ART , IUI , and counseling to service members and their spouses, partners, or gestational surrogates, irrespective of sex, gender identity, sexual orientation, infertility diagnosis, or marital status. This includes coverage for up to three oocyte retrievals and unlimited embryo transfers for IVF , and allows for the procurement of donated reproductive genetic material. Furthermore, the Department of Defense must establish procedures for fertility preservation, including cryopreservation of reproductive genetic material, for service members whose fertility is jeopardized by injury or illness, or prior to deployment or hazardous assignments. These services are provided at no cost until one year after separation from service, with clear options for continued storage. The bill also ensures continuity of care during permanent changes of station and mandates coordination between the Department of Defense and the Department of Veterans Affairs. Subtitle B of Title II extends similar comprehensive ART and IUI benefits to veterans through the Department of Veterans Affairs. It amends Title 38 to include these services as covered medical care for enrolled veterans and their partners, spouses, or gestational surrogates, again without regard to various personal characteristics. The VA is required to conduct outreach and training, and coordinate reproduction and fertility research to meet veterans' long-term reproductive health needs. Title III, the "Access to Fertility Treatment and Care Act," focuses on expanding insurance coverage for ART and IUI nationwide. It mandates that group health plans and health insurance issuers, under the Public Health Service Act, ERISA, and the Internal Revenue Code, provide coverage for ART and IUI when deemed medically appropriate by a healthcare provider, even without an infertility diagnosis. Cost-sharing for these services cannot exceed that for other medical services, and plans are prohibited from offering incentives to discourage treatment or discriminating against individuals. This title also requires State Medicaid plans to include ART and IUI as covered medical assistance, aligning with the new standards for private insurance. Additionally, it expands Medicare coverage to explicitly include ART and IUI , waiving coinsurance and deductibles for these treatments. These provisions aim to make fertility treatments more accessible and affordable for a broader segment of the population. Finally, Title IV, the "Family Building FEHB Fairness Act," ensures that federal employees also receive comprehensive ART and IUI benefits. It amends the Federal Employees Health Benefits (FEHB) program to include these services, further broadening access to fertility care across various federal programs and private insurance markets. The bill's severability clause ensures that if any provision is found unconstitutional, the remainder of the Act remains in effect.