Warner & Kaine Introduce Right to IVF Act

WASHINGTON, D.C. — U.S. Senators Mark R. Warner and Tim Kaine (both D-VA), a member of the Senate Health, Education, Labor and Pensions (HELP) Committee, joined U.S. Senators Tammy Duckworth (D-IL), Patty Murray (D-WA), and Cory Booker (D-NJ) in introducing the Right to IVF Act, legislation to protect and expand access to in-vitro fertilization (IVF) and other assisted reproductive technology (ART) services nationwide. The Senate is expected to vote on the Right to IVF Act soon.

“For decades, millions of women have used IVF to start or grow their families and make their dreams come true,” said Warner. “It’s clear that lawmakers and judges across the country won’t stop at banning abortion – we’re witnessing a broad-scale attack on reproductive freedom that includes access to assisted reproductive technology and contraception, too. I’m glad to be standing up to these attacks by introducing the Right to IVF Act and other comprehensive measures to protect reproductive care, and I won’t stop fighting for families to have the freedom to access basic health care.”

“Following the Alabama Supreme Court ruling that restricted IVF access, Elizabeth Carr, the first person born via IVF in the United States in Norfolk, said she felt like an endangered species. I invited her to the State of the Union this year to shine a light on this issue because no one should be made to feel that way. We must take steps to protect Americans’ freedom to decide whether, when, and how to start or build their families amid state restrictions on reproductive health care,” said Kaine. “I’m proud to be introducing this comprehensive bill to protect and expand access to IVF and ART services. I hope my colleagues will pass it when it comes to the Senate floor next week.”

Specifically, the Right to IVF Act includes provisions from four bills:

• The Access to Family Building Act, which Warner and Kaine cosponsored to
  • Establish a statutory right for individuals to access, providers to provide, and insurers to cover IVF and ART services.
  • Authorize the U.S. Department of Justice to enforce these statutory rights.
  • Authorize a private right of action to allow adversely affected parties to sue.
• The Veteran Families Health Services Act of 2023, which Kaine cosponsored to
  • Permanently authorize and enhance fertility treatment and counseling options for veterans and servicemembers, expand family-building assistance, improve eligibility rules, and strengthen research on servicemember and veteran long-term reproductive health.
  • Expand servicemembers’ access to fertility services before deployment to a combat zone or hazardous duty assignment and after an injury or illness.
• The Access to Fertility Treatment and Care Act to
  • Increase affordability of fertility care, including IVF, by requiring employer-sponsored insurance plans and other public insurance plans, cover fertility treatments.
  • Standardize baseline of high-quality fertility treatment coverage under private health insurance plans and protect Americans against excessive out-of-pocket costs.
• The Family Friendly FEHB Fairness Act to
  • Promote the standardization and widespread availability of affordable fertility treatment coverage under employer-sponsored health insurance plans.
  • Require insurance carriers that participate in the Federal Employees Health Benefit (FEHB) Program to cover ART, including IVF treatments.

Warner and Kaine have been strong advocates for reproductive freedom in Congress. Following an Alabama Supreme Court ruling earlier this year that led to restricted access of IVF, Warner and Kaine cosponsored the Access to Family Building Act to protect Americans’ right to IVF and other assisted reproductive technology services. In April, Warner and Kaine urged the Office of Personnel Management (OPM) to require health insurance coverage of IVF medical treatments and medications for federal employees. In March, Kaine invited Norfolk-born Elizabeth Carr, the first person born in the United States via IVF, to join him as his guest at the State of the Union. Kaine held two roundtables in Norfolk and Arlington to discuss the need to protect IVF. In the wake of the Supreme Court’s decision to strike down Roe v. Wade, Kaine worked across the aisle to introduce the Reproductive Freedom For All Act, a bipartisan bill to protect access to abortion and contraception.

The Right to IVF Act is endorsed by the American Society for Reproductive Medicine (ASRM), RESOLVE: The National Infertility Association, MomsRising, the Endocrine Society, Indivisible, and the What to Expect Project.

Full text of the bill is available here.

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