Federal law now guarantees fertility treatment access, overriding state bans.

What it does

This bill creates a federal statutory right for individuals to access assisted reproductive technology (ART) and related fertility services without state or local restrictions that are more burdensome than comparable medical procedures, do not meaningfully advance safety, or unduly limit access. It grants health care providers the right to offer ART services and insurers the right to cover them, and establishes federal enforcement mechanisms—including private lawsuits and attorney's fees—to override conflicting state laws.

Why we flagged it

The bill's core mechanism is a federal statutory right to access fertility services and enforcement against state restrictions. It is fundamentally a rights-expansion and preemption statute, not a funding or regulatory carve-out.

What the text implies

• The bill's preemption language (Section 5) is extremely broad—it supersedes all state law, common law, and future federal law unless explicitly excluded by name. This may create conflict with state insurance regulation, religious exemption statutes, and medical licensing standards that do not explicitly reference this Act.
• The private right of action with mandatory attorney's fees (Section 4(5)) creates a powerful enforcement tool but may generate high-volume litigation against state officials and local governments, with significant cost exposure even for non-frivolous defenses.
• The bill does not define 'unduly restrict access' or 'unreasonably limits'—these terms are left to judicial interpretation, creating uncertainty about which state laws (e.g., waiting periods, parental consent, conscience clauses) survive.
• Insurance providers gain a statutory right to cover ART, but the bill explicitly preserves state insurance law (Section 4, Insurance subsection), creating potential conflict between federal access rights and state-mandated coverage rules.
• The definition of 'health care provider' includes anyone 'as determined by the SecHHS'—this grants the Secretary of Health and Human Services broad discretion to expand the category of entities entitled to provide ART services.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

The bill expands access to fertility treatment and removes barriers that disproportionately burden individuals seeking reproductive care, while preserving legitimate state health and safety regulation. Citizens gain enforceable rights to access medical services and protection from arbitrary state-level restrictions, though the bill's interaction with state insurance law and religious exemptions creates some uncertainty.

Who stands to gain

• fertility clinics and reproductive medicine providers
• health insurance companies (expanded coverage market)
• pharmaceutical companies (fertility drugs and treatments)
• medical device manufacturers (ART equipment and supplies)

Named in the bill

Secretary of Health and Human Services, U.S. Attorney General, U.S. District Courts, State governments, Health care providers, Health insurance providers, Fertility Clinic Success Rate and Certification Act of 1992

Where it stands

77 cosponsors: 75 Democrats, 2 Republicans.

• Mar 11, 2025 — Introduced · Congress.gov: “Introduced in House”
• Mar 11, 2025 — Referred to House Committee on Energy and Commerce · Congress.gov: “Referred to the House Committee on Energy and Commerce”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.

Money around this bill

5 lobbying clients named this bill on 8 disclosure filings across 2 quarters, Dec 2025 to Jun 2026. Those filings disclosed $6,810,000 in lobbying spend. A filing names 70 bills on average, so that figure is what each filing reported, not a share belonging to this bill.

More lobbying clients named this bill than 78% of bills with at least one filing.

Laura Gillen, the sponsor, reported $1,002,749 in PAC receipts in the 2026 cycle.

• American Association for Justice — $3,610,000 on 2 filings
• America's Health Insurance Plans Inc (ahip) — $3,010,000 on 1 filing
• Hadassah, the Women's Zionist Organization of America, Inc. — $120,000 on 2 filings
• American Society for Reproductive Medicine — $40,000 on 2 filings
• American Unity Fund, Inc. — $30,000 on 1 filing

Lobbying Disclosure Act filings through Jul 20, 2026. A filing shows who paid to lobby on a bill it names, not what changed.