H.R.2049 - Access to Family Building Act (119th Congress)
Summary
H.R.2049, the Access to Family Building Act, seeks to prohibit limitations on access to assisted reproductive technology (ART) and related medical care. It defines key terms like 'assisted reproductive technology,' 'health care provider,' and 'patient,' and outlines the rights of individuals, healthcare providers, and insurance providers regarding ART. The bill aims to ensure that individuals can access ART services without undue restrictions.
Expected Effects
The bill, if enacted, would create a statutory right to access ART, potentially overriding state laws that restrict or limit such access. It would also allow the Attorney General and individuals to bring civil actions against entities that violate these rights. The Act aims to standardize and protect access to fertility treatments across the United States.
Potential Benefits
- Expanded Access to Fertility Treatment: More individuals and couples could have the opportunity to build families through ART.
- Protection Against Discrimination: Prohibits limitations based on factors not significantly related to health or safety.
- Legal Recourse: Provides avenues for legal action against entities that restrict access to ART.
- Standardized Healthcare: Aims to create a more uniform standard of care for ART across different states.
- Promotes Individual Choice: Reinforces the right of individuals to make decisions about their reproductive health.
Potential Disadvantages
- Potential Conflicts with Religious Freedom: The bill's broad preemption clause could conflict with religious beliefs of some healthcare providers or institutions.
- Possible Overreach of Federal Power: Some may argue that the bill infringes on states' rights to regulate healthcare within their borders.
- Unintended Consequences for State Laws: The preemption clause could have unforeseen impacts on existing state laws related to healthcare and insurance.
- Increased Litigation: The private right of action could lead to increased litigation related to ART access.
- Potential Strain on Healthcare Resources: Increased demand for ART services could strain existing healthcare resources and infrastructure.
Most Disadvantaged Areas:
Constitutional Alignment
The bill cites the Commerce Clause (Article I, Section 8), the Fourteenth Amendment (Section 5), and the Necessary and Proper Clause (Article I, Section 8) as sources of constitutional authority. The Commerce Clause argument rests on the premise that ART involves interstate commerce. The Fourteenth Amendment argument centers on equal protection and the right to privacy. The Necessary and Proper Clause is invoked to justify federal legislation necessary to execute the foregoing powers. However, the extent to which the bill aligns with principles of federalism and the Tenth Amendment, which reserves powers not delegated to the federal government to the states, could be debated.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).