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HR 9941

Right to IVF Act of 2026

119th Congress Introduced by Gabe Amo and 119 co-sponsors

Establishes a federal right to ART/IUI, preempts conflicting state laws, and requires nationwide coverage/standards for ART/IUI across public and private plans.

Introduced in House
0
WeVote Research Nonpartisan
Bill Summary · HR 9941

Overview

  • Bill: HR 9941, the Right to IVF Act of 2026
  • Session: 119th Congress
  • Purpose: Protect and expand nationwide access to assisted reproductive technology (ART), including in vitro fertilization (IVF), and related services (IUI). Also includes provisions related to veterans and health coverage for ART/IUI.
  • Status: Introduced and referred to multiple committees; outlines rights, standards, and funding/coverage requirements across Title I–IV.

1) Main purpose and intent

  • Establish a federal framework to ensure individuals can seek ART and IUI without state-imposed restrictions that would unduly impede access.
  • Affirm a statutory right to ART/IUI for individuals, providers, insurers, and manufacturers to operate without unlawful state restrictions that conflict with the Act’s protections.
  • Expand access to ART/IUI through federal standards for Medicaid, Medicare, FEHB (Federal Employees Health Benefits) fairness, and private insurance market reforms.
  • Address reproductive health care for members of the armed forces and veterans, including fertility preservation and assisted reproduction services.
  • Create a consistent nationwide floor of rights and protections to prevent discrimination and ensure access consistent with American Society for Reproductive Medicine guidelines.

2) Key provisions and changes

  • Title I – Protect IVF

    • Establishes general rights to ART and IUI for individuals, health care providers, health insurance issuers, and manufacturers.
    • Definitions for ART, IUI, health care provider, health insurance issuer, and State, with scope across all 50 states, DC, territories, and possessions.
    • Prohibits state or local laws from unduly restricting ART/IUI, provided such laws align with ASRM guidelines and do not impede safety or efficacy.
    • Enforceable rights: individuals can receive ART/IUI, continue ongoing services, manage reproductive material (eggs, sperm, embryos), and enter contracts with providers.
    • Enforcement: federal Attorney General can sue to strike down conflicting state restrictions; private right of action also available; individuals and providers can seek injunctive and other relief; cost-shifting rules favor prevailing plaintiffs; federal courts have jurisdiction; removal provisions available.
    • Regulatory support: Secretary of HHS must issue regulations within 180 days of enactment to implement these provisions.
    • Preemption: Title preempts conflicting State laws, with specified exceptions for disputes between two individuals regarding shared reproductive material, and for other non-conflicting State laws that align with ASRM guidelines.

  • Title II – Veteran Families Health Services

    • Subtitles A & B create and coordinate ART/IUI services for active-duty service members, spouses/partners, and gestational surrogates.
    • Active-duty members can receive up to three completed oocyte retrievals for IVF, and unlimited embryo transfers; eligibility not limited by sex, gender identity, infertility diagnosis, or marital status.
    • Provisions for procurement of reproductive material from donors when needed; rules around storage, ownership, and disposition of material; coordination with DoD and VA.
    • Establishment of fertility preservation procedures for service members, including storage before deployment or hazardous assignments, with no cost to the member for storage during active duty.
    • Regulations due from DoD within two years; interagency coordination with VA; outreach to ensure awareness among veterans and providers.

  • Title III – Access to ART and IUI

    • Requires state Medicaid programs and Medicare to cover ART and IUI.
    • Standards for benefits: coverage for ART/IUI as determined appropriate by providers, at licensed facilities; cost-sharing must be no greater than for comparable medical services; interim final regulations to be issued.
    • Prohibitions on plan practices: no incentives to deter ART/IUI, no prohibitions on counseling, no punitive reimbursement reductions for providing ART/IUI, and non-discrimination protections.
    • Notice requirements to inform participants/enrollees about coverage; similar provisions for ERISA plans and private insurance, with interim final regulations.
    • Effective date: coverage standards apply for plan years beginning after a date six months post-enactment; collective bargaining agreement exemptions with staggered applicability.
    • Conforming amendments to PHSA, ERISA, and IRC to implement these standards.

  • Title IV – Family Building FEHB Fairness

    • Establishes standards and protections for FEHB plans to cover ART/IUI under family building provisions.

3) Who would be affected

  • Individuals seeking ART/IUI nationwide: guaranteed right to access ART/IUI where allowed by medical facility and provider judgment.
  • Health care providers: protected rights to offer ART/IUI; duties to provide counseling and information; protections against state-level restrictions conflicting with federal rights.
  • Health insurance issuers and group health plans (including ERISA plans and FEHB): required to cover ART/IUI; subject to cost-sharing constraints and non-discrimination requirements; required notices to participants.
  • States and state health systems: preemption of conflicting state laws; limited ability to regulate ART/IUI under the Act; certain reservations for non-conflicting state laws.
  • Veterans, active-duty service members, spouses/partners, and gestational surrogates: expanded access to ART/IUI within the military and VA systems; fertility preservation for on-duty personnel; donor material procurement if needed.
  • Manufacturers and donors of reproductive materials: rights to operate within the Act’s framework; responsibilities to ensure compliant supply and handling of materials.

4) Procedural and timeline aspects

  • Regulatory timelines:
    • HHS Secretary must promulgate regulations to implement Title I within 180 days after enactment.
    • DoD must prescribe regulations to implement Subtitle A (Title II) within two years.
  • Effective dates for coverage requirements:
    • Standards for ART/IUI coverage under PHSA, ERISA, and IRC apply to plan years beginning six months after enactment.
    • Medicare/Medicaid provisions have specified effective dates, with phased implementation and potential state waivers/extensions as described.
  • Interagency coordination:
    • DoD, VA, and HHS must coordinate for veterans and service members; memoranda of understanding required for access to stored reproductive material.
  • Severability:
    • The bill includes standard severability language to maintain remaining provisions if one part is struck down.
  • Preemption and construction:
    • Clear preemption of conflicting state laws; specific protections and limitations to avoid overreach; health privacy and HIPAA provisions preserved.

Note: This summary captures the substantive structure and key provisions as presented in the bill text. For policy nuances, administrative rules, and potential fiscal impacts, a deeper, clause-by-clause review and expert analysis would be advisable.

Compiled from official sources — confirm details with the bill’s official record.

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