On January 18, 2024, Senators Tammy Duckworth (IL) and Patty Murray (WA) proposed the Access to Family Building Act of 2024 (the “Act”) to the United States Senate (S.3612). On the same date, Representative Susan Wild (PA) proposed the Act to the United States House of Representatives (H.R.7056). If passed, the Act will establish the statutory right to access in vitro fertilization (IVF) and other assisted reproductive technology (ART) services.
KingSpry’s Adoption and ART Practice Chair, Dorota Gasienica-Kozak reviews the proposed Access to Family Building Act of 2024 and what it means for the future of ART services.
Purpose
As expressed in the proposed bill, the purpose of the Act is to permit health care providers to provide, and for patients to receive, ART services without limitations or requirements that (1) are more burdensome than limitations or requirements imposed on medically comparable procedures, (2) do not significantly advance reproductive health or safety, and (3) unduly restrict access to ART services.
Rights of Individuals
If enacted, the Act will grant individuals the right to access ART services and to retain all rights with respect to the use or disposition of reproductive genetic materials, such as eggs or sperm.
Rights of Healthcare Providers
Under the Act, “health care provider” is defined as any entity or individual that is engaged or seeks to engage in the delivery of ART, including through evidence-based information, counseling, referrals, or items and services that relate to, aid in, or provide fertility treatment.
The Act will grant health care providers the right to perform ART services and provide evidence-based information related to ART.
Rights of Insurers
The Act will also grant insurers the right to cover the costs of ART treatments or procedures.
Action By the Attorney General
Upon enaction, the United States Attorney General will be authorized to initiate civil actions against states, localities, and/or government entities that enforce limitations or requirements in violation of the Act’s provisions. This means the Act will preempt all other Federal and State laws.
The Act will also grant individuals and health care providers the right to take civil action against violators.
While it is unclear whether the Act will rally the necessary support for passage, its proposal demonstrates the intent to protect the right of individuals to receive and the right of health care providers to perform ART services, such as IVF.
heARTbeat is a publication of KingSpry’s Adoption and Assisted Reproductive Technology Law Group. These articles are meant to be informational and do not constitute legal advice. If you have questions regarding assisted reproductive technology law, please contact your legal counsel or KingSpry’s ART Law Group Chair, Dorota Gasienica-Kozak, Esq..
Dorota Gasienica-Kozak, Esq. is a fellow of the Academy of Adoption and Assisted Reproduction Attorneys (AAAA), a member of the American Society of Reproductive Medicine (ASRM), a member of SEEDS, a promoter for RESOLVE: The National Infertility Association, and a committee member of the American Bar Association’s Family and ART Law sections.
