S. 5108 — Right to IVF Act of 2026

This section states the purposes of the title, including permitting patients to seek assisted reproductive technology services such as in vitro fertilization and intrauterine insemination, protecting providers who choose to offer them, and ensuring states do not impose restrictions inconsistent with American Society for Reproductive Medicine guidelines. It also affirms individuals' rights to choose such services and make related medical decisions with their providers.

This section defines terms for the title, including assisted reproductive technology as any treatment or procedure handling human eggs or embryos to achieve pregnancy (including in vitro fertilization and related medications), intrauterine insemination as a procedure placing sperm directly into the uterus, health care providers engaged in delivering such services, health insurance issuers, manufacturers of related drugs or devices, and states (including the 50 states, District of Columbia, territories, and political subdivisions).

This section establishes statutory rights for individuals to receive or complete assisted reproductive technology (ART) or intrauterine insemination (IUI) services, for health care providers to furnish them, for health insurance issuers to cover them, and for manufacturers to produce and distribute related approved drugs and devices, to the extent such activities affect interstate commerce. It authorizes the Attorney General and adversely affected parties, including providers on behalf of patients, to sue states to enjoin or set aside limitations that interfere with these rights, except for state health and safety regulations that are consistent with American Society for Reproductive Medicine guidance and cannot be advanced by less restrictive means.

This section supersedes any State law that conflicts with the statutory rights established under this title and prohibits States from administering or enforcing such conflicting provisions. It excludes from preemption State laws resolving disputes over reproductive genetic material between individuals and State laws that protect access to assisted reproductive technology or intrauterine insemination in accordance with American Society for Reproductive Medicine guidelines. It preserves Federal public health authorities under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act, as well as HIPAA privacy, security, and breach notification rules. It also permits this title to be raised as a defense in relevant causes of action.

This section requires group health plans and issuers of group or individual health insurance coverage to cover assisted reproductive technology (including in vitro fertilization, egg or embryo cryopreservation, and related medications) and intrauterine insemination when determined appropriate by a licensed provider, regardless of infertility diagnosis. Cost-sharing and limitations may not exceed those applied to other medical services. The section prohibits incentives to forgo such care, provider penalties or reimbursement reductions, and specified forms of discrimination. Plans must provide written notice of the coverage to participants, beneficiaries, and enrollees by January 1, 2027, and annually thereafter.

This section requires states to cover assisted reproductive technology (ART) and intrauterine insemination (IUI) as part of family planning services under Medicaid, subject to the same requirements that apply to group health plans under section 2799A–12(b) of the Public Health Service Act, effective October 1, 2027 (with possible 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 and waives the annual deductible for these services.

This section requires Service Benefit Plans and Indemnity Benefit Plans under the Federal Employees Health Benefits Program to cover 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 1 year after the date of enactment.