S.2035 - Protect IVF Act (119th Congress)
Summary
S.2035, the Protect IVF Act, aims to establish statutory rights for individuals to receive, and healthcare providers and insurers to provide and cover, fertility treatments, including assisted reproductive technology. The bill seeks to prevent states from enacting limitations or requirements that single out assisted reproductive services for restrictions inconsistent with widely accepted medical standards. It defines fertility treatment broadly, encompassing various procedures and services related to fertility, and outlines rights for individuals, healthcare providers, health insurance issuers, and manufacturers involved in fertility treatment.
Expected Effects
If enacted, the Protect IVF Act would likely lead to greater access to fertility treatments across the United States by preempting state laws that restrict such access. It would also establish a legal framework protecting the rights of individuals and entities involved in providing and receiving these treatments. This could lead to increased utilization of IVF and related services.
Potential Benefits
- Increased access to fertility treatments for individuals seeking to start a family.
- Protection for healthcare providers and insurers offering fertility services from restrictive state laws.
- Standardization of fertility treatment practices based on widely accepted medical standards.
- Legal recourse for individuals and entities facing limitations on their rights related to fertility treatment.
- Promotion of individual autonomy in making decisions about reproductive healthcare.
Potential Disadvantages
- Potential for conflict with state laws and regulations regarding healthcare and reproductive rights.
- Possible challenges to the scope of federal authority over healthcare matters.
- Concerns about the ethical implications of certain fertility treatments, such as genetic testing of embryos.
- Increased healthcare costs associated with expanded access to fertility treatments.
- Potential for unequal access to fertility treatments based on socioeconomic status, despite the bill's intent.
Constitutional Alignment
The bill's constitutional alignment is complex. Congress is using the Commerce Clause (Article I, Section 8) to justify federal intervention in healthcare, arguing that restrictions on fertility treatment affect interstate commerce. However, the Tenth Amendment reserves powers not delegated to the federal government to the states, which could lead to legal challenges regarding the extent of federal authority over healthcare regulation. The bill also touches on individual rights to privacy and reproductive freedom, which have been inferred from the Fourteenth Amendment's Due Process Clause.
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).