In committee
Right to IVF Act of 2026
This bill establishes a federal right for individuals to access fertility treatments—such as in vitro fertilization (IVF) and intrauterine insemination—and prevents states from enforcing restrictions that limit or ban these services. It allows patients, healthcare providers, and the federal government to file lawsuits against state laws that restrict access to fertility care or embryo storage and disposition. Additionally, the legislation requires private health insurers, Medicare, Medicaid, federal employee health plans, and the Departments of Defense and Veterans Affairs to provide coverage for fertility treatments and preservation services.
People affected—The text does not state the precise number of individuals, patients, servicemembers, veterans, or enrollees affected across the covered health systems.
Fiscal magnitude—no CBO estimate published
Reach88provisional · pending reviewrigor: heuristic llm
What this bill touches.
Veterans' care delivery+55Government role in coverage+60Federal vs. state/local+70Abortion policy+80
Who it helps · who it burdens.
Who it helps
- Individuals seeking fertility careGains a federal statutory right to receive ART and IUI, make decisions regarding reproductive genetic material, and receive coverage across private insurance, Medicaid, Medicare Part B, FEHB, and military/veteran health programs, backed by the right to sue states that restrict access.
- Fertility healthcare providers and clinicsGain a federal statutory right to provide ART and IUI services, provide counseling and telemedicine, access federal court to strike down restrictive state laws and recover attorney fees, and receive protection against insurer reimbursement penalties.
- Manufacturers of fertility drugs and medical devicesGain a federal statutory right to manufacture, market, sell, import, and distribute FDA-approved or cleared drugs and devices used in ART and IUI without state-level interference.
- Military servicemembers and their familiesReceive Department of Defense-covered ART and IUI treatments (up to three completed egg retrievals and unlimited embryo transfers), reimbursement for donor material, care navigation support, and free retrieval and storage of reproductive material for deployments or service injuries.
- Enrolled military veterans and their partnersReceive VA-covered ART and IUI services (up to three completed egg retrievals and unlimited embryo transfers), reimbursement for donor procurement and travel expenses, and fertility care navigation assistance.
- Medicare beneficiariesReceive Medicare Part B coverage for ART and IUI services with 100 percent payment and no deductible or coinsurance starting January 1, 2027.
Who it burdens
- Private group health plans and health insurance issuersMust cover ART and IUI procedures without requiring an infertility diagnosis, cannot apply cost-sharing or limitations that are more restrictive than general medical services, and must issue mandatory written coverage notices to participants and beneficiaries.
- Federal Employees Health Benefits (FEHB) program plansMust include coverage for assisted reproductive technology and intrauterine insemination benefits in all FEHB health plans beginning one year after enactment.
- State Medicaid agenciesMust expand Medicaid coverage of family planning services to include ART and IUI compliant with federal commercial market parity rules, generally taking effect October 1, 2027.
- State and local governments and state officialsFace federal preemption of state laws prohibiting or restricting ART and IUI services, and are subject to federal civil lawsuits by the U.S. Attorney General, providers, and patients to enjoin such laws, including liability for prevailing plaintiffs' litigation costs and attorney fees.
- Department of DefenseRequired to furnish ART and IUI treatments, cover donor material procurement costs, provide free storage and transport of reproductive genetic material for deployed or injured servicemembers, and provide fertility care navigation.
- Department of Veterans AffairsRequired to provide ART and IUI treatments, pay or reimburse donor material and travel expenses for veterans, furnish care navigation support, and conduct reproductive healthcare research.