Access to Family Building Act

Summary#

This bill protects access to assisted reproductive technology (ART). It defines ART, health care provider, patient, and State. It says individuals have a right to get ART, to continue an ongoing ART plan, and to keep control over reproductive genetic materials. It says health care providers have a right to provide ART and give evidence-based information. It says health insurers may cover ART.

The Attorney General may sue States or local governments that ban or unreasonably limit ART. Private people, providers, and entities harmed by such limits may also sue. Courts can block limits and award injunctive relief. Courts must award litigation costs and reasonable attorney fees to prevailing plaintiffs. The bill allows removal of cases to federal court and says federal district courts have jurisdiction without needing exhaustion of administrative remedies.

The bill keeps state health and safety rules that truly advance patient safety and cannot be replaced by less restrictive measures. It does not change existing state laws about insurance coverage. The Secretary of Health and Human Services must issue regulations within one year. The bill says it supersedes conflicting federal or state laws and may be raised as a defense in related cases. A severability clause is included.

What it means for you#

  • If you seek fertility care, the bill would say you have a right to receive assisted reproductive technology and to continue an agreed treatment plan.
  • If you provide fertility care, the bill would say you have a right to provide ART services and give evidence-based information.
  • If a State or local rule blocks access to ART, the Attorney General, affected people, or providers could sue to stop that rule in court.
  • State health and safety requirements that clearly advance patient safety remain allowed. State laws about what insurance must cover are not changed by this bill.

Expenses#

No publicly available information.

Proponents' View#

The bill states its purpose is to let providers offer, and patients receive, ART without requirements that are more burdensome than those for similar medical procedures, do not advance safety, or unduly restrict access. The bill says Congress has authority to act under the Commerce Clause, section 5 of the Fourteenth Amendment, and the Necessary and Proper Clause.

Opponents' View#

No publicly available information.