S. 2035: Protect IVF Act
This bill, known as the Protect IVF Act, aims to establish and protect the rights of individuals seeking fertility treatments. Its key purposes and provisions include:
Rights to Fertility Treatment
The bill grants individuals the right to:
- Receive Fertility Treatment: Individuals can seek fertility treatment from healthcare providers without facing unnecessary restrictions or limitations.
- Continue Treatment: Patients can continue or complete fertility treatments that they have already started.
- Make Decisions: Individuals have the autonomy to make decisions about their reproductive material, such as its use, storage, or donation.
- Contractual Agreements: They may establish contracts with healthcare providers regarding the handling of their reproductive genetic material.
Healthcare Provider and Insurance Rights
The bill also specifies rights for healthcare providers, allowing them to:
- Offer Fertility Treatments: Providers can choose to offer fertility treatment without undue restrictions.
- Continue Providing Treatments: They may continue treatments that were lawful when started.
- Manage Reproductive Material: Providers can test, use, store, or dispose of reproductive genetic material in line with accepted medical practices.
- Establish Contracts: Providers can create agreements concerning services related to reproductive genetic material.
Health insurance issuers are granted the right to cover fertility treatments that comply with widely accepted medical standards, supporting comprehensive access to these services.
Definition of Fertility Treatment
The bill defines fertility treatment broadly to include:
- Preservation of human eggs, sperm, or embryos.
- Artificial insemination methods.
- Assisted reproductive technologies like in vitro fertilization (IVF).
- Genetic testing of embryos.
- Medications related to fertility.
- Gamete donation.
State Regulations
The bill allows for state regulations pertaining to health and safety, provided they align with evidence-based medical standards and do not interfere with the rights established by the Act. If any state law conflicts with the rights under this Act, this Act would take precedence.
Legal Enforcement and Preemption
The Act allows for:
- Federal and State Actions: The Attorney General can take legal action against state laws that violate this Act.
- Private Right of Action: Individuals affected by violations of the Act can also file lawsuits against states or entities enforcing conflicting laws.
- Equitable Relief: Courts may grant relevant remedies, including injunctions against laws that violate individuals' rights under this Act.
Applicability
This Act will apply to all states and preclude state laws that conflict with it. It does not change existing federal laws regarding the regulation of drugs and treatments related to fertility, nor does it affect the privacy laws under HIPAA.
Relevant Companies
- ISRG - Intuitive Surgical, which produces robotic surgical systems that may be used in some fertility treatment procedures, could see impacts based on changes in access to various assisted reproduction technologies.
- VRTX - Vertex Pharmaceuticals, engaged in the development of medications for reproductive health, might be impacted as demand for fertility treatments and related medications increases.
This is an AI-generated summary of the bill text. There may be mistakes.
Sponsors
34 bill sponsors
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TrackTammy Duckworth
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TrackAngela Alsobrooks
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TrackTammy Baldwin
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TrackRichard Blumenthal
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TrackCory A. Booker
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TrackMaria Cantwell
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TrackChristopher A. Coons
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TrackRichard J. Durbin
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TrackJohn Fetterman
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TrackRuben Gallego
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TrackKirsten E. Gillibrand
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TrackMartin Heinrich
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TrackJohn W. Hickenlooper
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TrackMazie K. Hirono
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TrackTim Kaine
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TrackAngus S. King Jr.
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TrackAmy Klobuchar
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TrackJeff Merkley
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TrackChristopher Murphy
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TrackPatty Murray
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TrackJon Ossoff
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TrackAlex Padilla
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TrackGary C. Peters
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TrackJack Reed
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TrackJacky Rosen
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TrackBernard Sanders
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TrackBrian Schatz
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TrackAdam B. Schiff
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TrackCharles E. Schumer
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TrackJeanne Shaheen
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TrackMark R. Warner
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TrackElizabeth Warren
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TrackPeter Welch
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TrackSheldon Whitehouse
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Actions
2 actions
| Date | Action |
|---|---|
| Jun. 11, 2025 | Introduced in Senate |
| Jun. 11, 2025 | Read twice and referred to the Committee on Health, Education, Labor, and Pensions. |
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