Senate Fails to Advance IVF Legislation, House Members Offer Different IVF Bill

WASHINGTON, D.C. - The US Senate was unable to move forward with their first procedural hurdle on a bill that protects access to receive and provide IVF treatment and expand insurance for that treatment. The effort was blocked by Senate Republicans. The IVF issue has made headlines for months with Democrats claiming it’s Republicans’ next steps on limiting reproductive rights. While this effort failed in the Senate, there are other bipartisan efforts on IVF being floated around in congress.  

The issue of IVF w s put in the national spotlight earlier this year after the Alabama Supreme Court ruled embryos are children under state law. Therefore, someone could be held liable for destroying them. It made providers temporarily stop fertility treatments in the state. The ruling made headlines. The Alabama state legislature later approved a bill to protect IVF but many Democrats claimed it was the first step in the next battle on reproductive rights after the Supreme Court overturned Roe v. Wade.  

“They want to insert government into IVF decisions and tell a woman and her doctor what she can and cannot do when it comes to IVF,” said Sen. Chuck Schumer (D- NY). “If Republicans get their way, the IVF services families depend on are very much at risk.” 

Senate Democrats tried once again to move forward with the bill that Senate Republicans blocked a few months ago, which would essentially protect access to receive and provide IVF and aim to expand insurance coverage for fertility treatments. But there have been other IVF related bills introduced or circulated in congress. Some on a more partisan level, others bipartisan, like the House’s HOPE with Fertility Services Act. 

“The legislation does one very simple thing: it provides medical insurance coverage for people who have medical infertility issues,” said Rep. Jack Bergman (R- MI).  

This bill would ensure three causes of infertility are covered by private insurance plans: infertility due to a diagnosed disease or physical ailment; Unexplained infertility for those unable to conceive after trying for at least a year; And infertility or anticipated infertility due to treatment for another ailment like chemotherapy.  

“When you think about it, what is the number one unit in our country,” asked Rep. Bergman. “Family. And the ability to have family should be supported by good legislation and good opportunities for folks who are having challenges creating that ultimate God given unit of family.” 

That House bill has bipartisan support but it hasn’t moved much through the chamber.   

As for the Senate bill, Democratic Presidential nominee Vice President Kamala Harris is pointing the finger at Republicans following the failed Senate vote. She released a statement saying in part Republicans will not protect access to fertility treatments many couples need.