H.R. 9941 — Right to IVF Act of 2026

This section states the purposes of the title, including permitting patients and providers to seek and offer assisted reproductive technology (ART) such as in vitro fertilization (IVF) and intrauterine insemination (IUI), ensuring states do not impose restrictions inconsistent with American Society for Reproductive Medicine guidelines or that hinder access or safety, and protecting individuals' rights to choose such services and make related medical decisions with their providers.

This section establishes definitions for the title, including assisted reproductive technology (ART) as any treatment or procedure handling human eggs or embryos to achieve pregnancy (such as in vitro fertilization or egg donation, plus related medication); intrauterine insemination (IUI) as a procedure placing sperm directly into the uterus at ovulation (plus related medication); health care providers delivering ART or IUI; health insurance issuers; manufacturers of approved drugs or devices; and states to include the 50 states, District of Columbia, territories, possessions, and political subdivisions.

This section establishes statutory rights for individuals to receive assisted reproductive technology (ART) or intrauterine insemination (IUI) services and to control reproductive genetic material, for health care providers to deliver those services, for health insurance issuers to cover them, and for manufacturers to produce related drugs and devices, all protected from state limits that obstruct interstate commerce. It permits state health and safety regulations only if consistent with American Society for Reproductive Medicine guidance and no less restrictive means exists, and authorizes civil enforcement actions by the Attorney General and private parties with awards of attorney fees to prevailing plaintiffs.

This section supersedes and preempts any State law inconsistent with the rights established under this title for assisted reproductive technology and intrauterine insemination, and bars States from administering or enforcing conflicting provisions. It excludes such preemption for State laws resolving disputes between individuals over reproductive genetic material and for State laws that protect access to these services in accordance with American Society for Reproductive Medicine guidelines without conflict. The section preserves Federal public health authorities under the Federal Food, Drug, and Cosmetic Act and Public Health Service Act, as well as HIPAA privacy, security, and breach notification rules, and allows the title to be raised as a defense in enforcement actions.

This section requires group health plans and health insurance issuers offering group or individual coverage to cover assisted reproductive technology (including in vitro fertilization, egg or embryo cryopreservation, and egg or embryo donation) and intrauterine insemination, as determined appropriate by the provider and regardless of infertility diagnosis, when performed at or prescribed by a licensed medical facility. It caps cost-sharing at the level applied to other medical services, prohibits incentives or penalties discouraging use of such services or discriminating on prohibited grounds, bars restrictions on provider discussions, requires written annual notices to participants beginning no later than January 1, 2027, and permits negotiation of reimbursement levels.

This section requires state Medicaid plans to cover assisted reproductive technology (ART) and intrauterine insemination (IUI) as family planning services, subject to the same requirements and limitations that apply to group health plans under section 2799A–12(b) of the Public Health Service Act. It takes effect October 1, 2027, with a possible one-year delay if state legislation is required.

This section provides Medicare coverage for assisted reproductive technology and intrauterine insemination, effective for services furnished on or after January 1, 2027. It requires payment at 100 percent of the lesser of the actual charge or the physician fee schedule amount, with no coinsurance or deductible.

This section expands the types of benefits that may be provided under Federal Employees Health Benefits Program service benefit plans and indemnity benefit plans to include assisted reproductive technology and intrauterine insemination benefits. It defines those terms by reference to section 103 of the Right to IVF Act of 2026 and takes effect one year after enactment.