Protect IVF Act

The Protect IVF Act creates a broad, federally backed framework to guarantee a nationwide right to fertility treatment and related activities. It establishes that individuals may seek and receive fertility treatments (including assisted reproductive technologies like IVF), that health care providers may offer such treatments, that health insurers may cover them, and that manufacturers may market drugs and devices used for fertility treatment—so long as these activities are conducted in accordance with “widely accepted and evidence-based medical standards of care.” The act defines these standards primarily by referencing guidelines from the American Society for Reproductive Medicine. A central feature is federal preemption: state laws that restrict or interfere with these rights or with the provision of such treatments (in ways not aligned with the act) would be superseded. The act provides enforcement mechanisms, including action by the U.S. Attorney General against states and a private right of action for individuals, providers, insurers, or manufacturers adversely affected by inconsistent state restrictions. It also includes a comprehensive set of definitions (what counts as fertility treatment, who is a health care provider, who is a health insurer, etc.), and it addresses issues like telemedicine, storage and handling of reproductive material, residency considerations, and disputes over reproductive materials. In short, the bill aims to ensure access to fertility services across states by establishing federal rights and strong preemption, backed by federal enforcement and private lawsuits, with standards drawn from established medical guidelines.