Right to IVF Act of 2026
- Sponsor
- Rep. Trahan, Lori [D-MA-3]
- Committees
- Ways and Means Committee (primary)
- Last action
- Jul 23, 2026
Bottom line
The bill aims to federally protect and expand nationwide access to fertility treatments, including IVF, by establishing statutory rights and mandating coverage across public and private health insurance sectors.
What it actually does
This bill, titled the "Right to IVF Act of 2026," establishes a federal statutory right to assisted reproductive technology (ART) and intrauterine insemination (IUI) for individuals, providers, insurers, and manufacturers. It mandates coverage for ART and IUI under federal health programs including Medicare, Medicaid, the Federal Employees Health Benefits (FEHB) program, and private health insurance. Additionally, it significantly expands access to fertility preservation and treatment services for uniformed service members and veterans.
Proponents argue
Supporters argue that the bill is crucial for safeguarding reproductive freedoms and ensuring equitable access to essential family-building options for all Americans, especially in light of recent challenges to IVF access at the state level. They emphasize the importance of ART for individuals and couples facing infertility or other barriers to conception, and highlight the bill's support for military families and veterans.
Opponents contend
Critics may contend that the bill represents an overreach of federal authority into areas traditionally regulated by states, particularly concerning medical practice and insurance mandates. Concerns could also be raised about the significant financial implications for federal and state budgets, as well as potential increases in private health insurance premiums due to the new coverage requirements.
The bill is moderately detailed, requiring careful reading to understand the various federal programs it amends and the full scope of the protections and mandates it establishes.
Sec. 104
Statutory Right to Assisted Reproductive Technology and Intrauterine Insemination
This section creates a federal statutory right for individuals to access and receive ART and IUI services, for healthcare providers to offer these services, for insurance companies to cover them, and for manufacturers to produce related drugs and devices. It also limits state regulations to ensure they don't unduly restrict access, requiring consistency with American Society for Reproductive Medicine (ASRM) guidelines.
Supporters argue
Supporters argue this provision safeguards reproductive freedom and ensures consistent access to essential family-building medical care nationwide, preventing state-level bans or restrictions that could emerge.
Critics contend
Critics might argue this provision infringes on states' traditional rights to regulate medical practice and could lead to legal challenges regarding the scope of federal preemption over state health and safety laws.
Tradeoffs
This provision balances the federal protection of individual reproductive rights with traditional state authority over healthcare regulation and public health standards.
Sec. 202
Expanded ART and IUI for Uniformed Service Members
This section mandates that the Department of Defense provide ART, IUI, and counseling to uniformed service members, their spouses, partners, or gestational surrogates, regardless of sex, gender identity, sexual orientation, infertility diagnosis, or marital status. It specifically covers up to three oocyte retrievals and unlimited embryo transfers for IVF, and allows for the procurement of donated reproductive genetic material.
Sec. 203
Fertility Preservation for Active Duty Service Members
This provision requires the Department of Defense to establish procedures for retrieving, cryopreserving, and storing reproductive genetic material for active duty service members whose fertility is potentially jeopardized by injury or illness, or prior to deployment to combat zones or hazardous assignments. Storage is covered at no cost for one year post-separation.
Sec. 212
Expanded ART and IUI for Veterans
This section amends Title 38 to include ART, IUI, and counseling as covered medical services for enrolled veterans, their spouses, partners, or gestational surrogates. It mirrors the provisions for active duty members regarding IVF cycles (three oocyte retrievals, unlimited embryo transfers) and the procurement of donated reproductive genetic material, with informed consent requirements.
Sec. 302
Mandated Private Health Insurance Coverage for ART and IUI
This section amends the Public Health Service Act, ERISA, and the Internal Revenue Code to require group health plans and health insurance issuers to cover ART and IUI. Coverage must be provided regardless of an infertility diagnosis, if deemed appropriate by a healthcare provider at a licensed facility. It prohibits incentives against seeking treatment, provider discussion restrictions, and discriminatory practices, while limiting cost-sharing to not exceed that of other medical services.
Sec. 303
Medicaid Coverage for ART and IUI
This section amends the Social Security Act to require State Medicaid plans to provide medical assistance for ART and IUI, aligning with the coverage requirements established for private health insurance under Section 302. This means states must cover these services, including for individuals without an infertility diagnosis, and adhere to non-discrimination and cost-sharing rules.
Sec. 304
Medicare Coverage for ART and IUI
This section amends the Social Security Act to include ART and IUI as covered services under Medicare. It also specifies that the amount paid for these services shall be 100 percent of the lesser of the actual charge or the determined payment basis, and waives the deductible for these services.
Sec. 402
FEHB Coverage for ART and IUI
This section amends Title 5 to explicitly include assisted reproductive technology and intrauterine insemination benefits in the Federal Employees Health Benefits (FEHB) program. This ensures that federal employees and their families receive comprehensive coverage for these services, aligning with the broader federal mandates for other insurance types.
The statutory rights to ART and IUI are established "to the extent that such prohibition, limitation, interference, or impediment in any way or degree obstructs, delays, or affects commerce over which the Federal Government has jurisdiction".
Sec. 104(a)(1) and (2)
Why it matters:This is standard legislative practice to ensure the bill's constitutionality under the Commerce Clause, providing the legal basis for federal intervention in an area that might otherwise be considered state prerogative.
Case for: Ensures the federal government has a clear constitutional basis to enact and enforce these protections nationwide, providing legal certainty for the bill's broad scope.
Case against: Critics of broad federal power might argue it represents an expansive interpretation and potential overreach of the Commerce Clause into state affairs.
Estimated impact: Establishes the fundamental legal foundation for the entire Title I, defining the scope of federal authority to protect ART/IUI access.
This section, titled "Rules of Construction," details specific types of state laws or actions that would be considered violations of the federal statutory rights to ART/IUI. These include requirements for medically unnecessary procedures, limitations on facilities or personnel, restrictions on egg retrieval, sperm injections, or cryopreservation, and definitions of gametes/embryos that limit disposition options.
Sec. 104(e)(1)
Why it matters:While technically a clarification, this section effectively outlines the specific state-level restrictions the bill aims to prevent, which are often politically contentious. It serves as a detailed list of what is *not* allowed under the federal protections.
Case for: Provides clear guidance to states and courts on what constitutes an impermissible restriction on ART/IUI, ensuring consistent application of the law and preventing states from enacting backdoor bans or limitations.
Case against: Some states or critics might view this as an overly prescriptive federal dictate on medical practice and state regulatory authority, potentially leading to challenges over federal interference in state health policy.
Estimated impact: Significantly narrows the scope of permissible state regulation of ART/IUI, directly impacting state legislative efforts and potentially overturning existing state laws.
Explicitly states that federal preemption under Title I does not apply to state laws regarding the resolution of disputes between two individuals with rights over the same reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos.
Sec. 105(a)(2)(A)
Why it matters:This is a pragmatic carve-out to a broad preemption clause, addressing a complex and sensitive area of law (disputes over frozen embryos, for example) where state family law traditionally plays a significant role. It clarifies that the federal bill does not intend to override these specific state-level dispute resolution mechanisms.
Case for: Acknowledges the complexity of disputes over reproductive genetic material and allows states to continue to apply their existing legal frameworks for resolving such personal matters, preventing unintended federal interference in family law.
Case against: Some might argue that leaving these disputes to state law could lead to inconsistent outcomes across states, potentially undermining the bill's goal of nationwide protection and access to ART/IUI without legal ambiguity.
Estimated impact: Preserves state authority in a highly sensitive and legally complex area, potentially preventing federal overreach into personal legal disputes and maintaining existing state family law frameworks.