The Protect IVF Act establishes a federal right for individuals to access fertility treatments—including in vitro fertilization, embryo preservation, genetic testing, and related services—without state interference, and protects health care providers' ability to offer these services, insurers' obligation to cover them, and manufacturers' ability to market related drugs and devices. The bill defines fertility treatment broadly and ties medical standards to American Society for Reproductive Medicine guidelines, while allowing states to maintain health and safety regulations that align with evidence-based medical practice. The law prevents states from enforcing conflicting restrictions but preserves state authority to resolve disputes over shared reproductive material and protect fertility access through their own laws, as well as maintaining existing federal oversight by the FDA, Public Health Service, and HIPAA. To enforce these rights, the bill creates a private right of action allowing individuals and providers to sue states in federal court, with prevailing plaintiffs receiving attorney's fees and court costs. The Act takes effect immediately upon enactment and supersedes conflicting state laws unless future federal legislation explicitly opts out.
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