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.
No publicly available information.
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.
No publicly available information.