What does Preamble of Access to Family Building Act do?

This bill, formally titled 'To prohibit the limitation of access to assisted reproductive technology, and all medical care surrounding such technology,' aims to prevent restrictions on access to assisted reproductive technology and related medical care.

What does SHORT TITLE. of Access to Family Building Act do?

This bill is formally titled the Access to Family Building Act.

What does DEFINITIONS. of Access to Family Building Act do?

This section defines terms used throughout the Act. “Assisted reproductive technology” is defined by reference to section 8 of the Fertility Clinic Success Rate and Certification Act of 1992. A “health care provider” is an entity or individual delivering assisted reproductive technology or related services, and who is licensed or would be licensed if not for section 4. “Patient” refers to an individual receiving or seeking assisted reproductive technology services. “State” includes all 50 states, the District of Columbia, Puerto Rico, territories, possessions, and their political subdivisions.

What does FINDINGS AND PURPOSE. of Access to Family Building Act do?

This section establishes findings and the purpose of the Act. Congress asserts its authority to enact the Act based on the Commerce Clause, the Fourteenth Amendment, and the Necessary and Proper Clause. Congress has previously used its authority to protect access to fertility treatments. The purpose of the Act is to allow healthcare providers to offer and patients to receive assisted reproductive technology services. Restrictions on these services are limited to those that are not more burdensome than those on comparable procedures, significantly advance reproductive health/safety, or unduly restrict access.

What does ACCESS TO ASSISTED REPRODUCTIVE TECHNOLOGY. of Access to Family Building Act do?

This section establishes statutory rights related to access to assisted reproductive technology (ART). Individuals have a right to access ART, continue ongoing treatments, and retain rights regarding reproductive genetic materials. Health care providers have a right to perform ART treatments and provide related information. Health insurance providers have a right to cover ART treatments and procedures. The Attorney General can bring civil actions against states or entities that limit these rights. Individuals and health care providers can also bring civil actions to enforce these rights. Courts can award costs and attorney's fees to prevailing plaintiffs in such actions. The Act does not prohibit states from enforcing health and safety regulations for medical facilities, provided they advance patient safety and lack less restrictive alternatives. This section does not modify or supersede existing state laws regarding insurance coverage of ART. The Secretary of Health and Human Services must promulgate regulations to implement this section within one year of enactment.

What does APPLICABILITY AND PREEMPTION. of Access to Family Building Act do?

This Act supersedes and applies to the law of the Federal Government and each State government. The Federal Government and State governments shall not administer, implement, or enforce laws conflicting with this Act. Federal statutory law enacted after the Act's enactment is subject to it, unless explicitly excluded. Individuals or entities facing actions violating this Act can raise it as a defense, in addition to remedies specified in section 4(b).

What does SEVERABILITY. of Access to Family Building Act do?

This section establishes a severability clause for the Act. If a portion of the Act is deemed unconstitutional, the remaining provisions will still be in effect. The application of a provision found unconstitutional to specific entities or circumstances will not invalidate its application to others.

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Access to Family Building Act

Last updated: 3/11/2025 · Introduced: 3/11/2025

Author: Laura Gillen (D-NY)

TL;DR (AI)

This bill establishes a federal right for individuals to access assisted reproductive technology (ART) and related medical care, including continuing ongoing treatments and retaining rights regarding reproductive genetic materials.
Health insurance providers are required to cover ART treatments and procedures, and the Attorney General can take legal action against states or entities that restrict these rights.
The Act preempts conflicting state and federal laws, while allowing states to enforce health and safety regulations for medical facilities that advance patient safety and lack less restrictive alternatives.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 5 more.

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