Access to Family Building Act
The Access to Family Building Act would create a federal statutory right to access assisted reproductive technology (ART) and related medical care, and prohibit states or localities from imposing limitations or requirements that unreasonably restrict that access. It defines ART and related participants (patients, health care providers, insurers) and sets broad enforcement tools: the federal government (via the Attorney General) and private parties could sue to strike down state or local restrictions; health care providers and insurers would have corresponding rights to engage in and cover ART. The bill also preserves certain state health-and-safety regulations, clarifies it does not modify state insurance laws, and directs the Secretary of Health and Human Services to issue implementing regulations within a year. It asserts federal preemption over conflicting laws and allows the act to be raised as a defense in lawsuits. In short, it aims to normalize access to ART across the United States by limiting restrictive state actions and expanding protections for patients, providers, and insurers.
Key Points
- 1Definitions intended to be broad: ART is defined as in the Fertility Clinic Success Rate and Certification Act of 1992; “health care provider” includes a wide range of individuals and entities involved in delivering ART and related information, counseling, or services; “patient” covers anyone seeking ART; “State” includes all states, D.C., territories, and subdivisions.
- 2General rights created: Individuals have a statutory right to access ART, continue or complete treatment under a plan, and retain rights over reproductive genetic materials; providers have a right to perform ART and share evidence-based information; insurers have a right to cover ART services.
- 3Enforcement and remedies: The Attorney General can sue states or officials that enact or enforce restrictions violating the act; individuals and entities can sue states or officials for violations; providers can sue on behalf of themselves or patients; courts can grant injunctions and award costs and attorney’s fees to prevailing plaintiffs.
- 4Preemption and applicability: The Act supersedes conflicting state or federal laws, and later federal laws are subject to this Act unless explicitly excluded. It also states RFRA (Religious Freedom Restoration Act) does not permit conflicting enforcement.
- 5Regulatory implementation and safety carve-out: HHS must issue regulations within one year to carry out the Act; states may still apply health and safety rules if they advance safety and cannot be achieved by less restrictive means.
- 6Insurance and medicine regulation caveats: The Act does not modify state insurance laws, and it allows—but does not require—state health insurance coverage to adapt to ART protections. It also preserves state authority to regulate medical facilities for safety.