Congress mandates fertility coverage across all major health plans
S. 2408 — Access to Fertility Treatment and Care Act · Filed by Cory Booker (D-NJ) · 6 cosponsors · Introduced Jul 23, 2025 · Referred to committee
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What it does
This bill requires health insurance plans and government health programs (Medicare, Medicaid, TRICARE, VA, federal employee plans) to cover fertility treatments—including egg/sperm preservation, artificial insemination, IVF, genetic testing, and related medications—if they already cover childbirth. Plans cannot charge higher copays or deductibles for fertility care than for other medical services, cannot discourage patients or doctors from pursuing fertility treatment, and must notify enrollees of this coverage by January 1, 2027.
Why we flagged it
The bill's core function is to mandate fertility treatment coverage across multiple insurance systems and government health programs, treating reproductive medicine as a standard covered benefit rather than an optional or excluded service.
What the text implies
- The bill defines 'fertility treatment' broadly and delegates final scope to HHS Secretary via regulation ('such other information, referrals, treatments, procedures...as the Secretary determines appropriate'), creating potential for regulatory expansion or contraction depending on administration.
- Interim final regulations bypass notice-and-comment rulemaking, accelerating implementation but reducing public input on coverage definitions and cost-sharing details.
- The requirement applies only to plans that already cover obstetrical services, potentially excluding some minimal-coverage plans but also creating a logical nexus (fertility and childbirth are related).
- Medicaid implementation is delayed until October 1, 2026, with additional grace period for states requiring legislation, creating a patchwork of coverage start dates.
- The bill does not specify which fertility treatments are 'medically appropriate' or set clinical standards, leaving that determination to individual providers and regulators, which may create variation in coverage.
Who it affects
Ordinary people gain access to fertility treatments at the same cost-sharing level as other medical care, removing a major financial barrier to family-building. The bill expands coverage across private insurance, Medicare, Medicaid, and military/veteran programs, benefiting millions who currently face out-of-pocket costs or coverage denials. No offsetting public cost is apparent.
Who stands to gain
- fertility clinics and reproductive medicine providers
- pharmaceutical manufacturers (fertility medications)
- genetic testing laboratories
- health insurance plans (reduced out-of-pocket costs may increase plan enrollment)
Named in the bill
HHS Secretary, Department of Veterans Affairs, Centers for Medicare & Medicaid Services, Department of Defense, American Society for Reproductive Medicine, PHSA (Public Health Service Act), ERISA (Employee Retirement Income Security Act), Internal Revenue Code, Social Security Act, TRICARE, Medicare, Medicaid — and 1 more
Where it stands
6 cosponsors: 6 Democrats.
- Jul 23, 2025 — Introduced · Congress.gov: “Introduced in Senate”
- Jul 23, 2025 — Referred to Senate Committee on Health, Education, Labor, and Pensions · Congress.gov: “Read twice and referred to the Committee on Health, Education, Labor, and Pensions”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
Money around this bill
4 lobbying clients named this bill on 7 disclosure filings across 3 quarters, Dec 2025 to Jun 2026. Those filings disclosed $1,209,908 in lobbying spend. A filing names 71 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 72% of bills with at least one filing.
Cory Booker, the sponsor, reported $496,300 in PAC receipts in the 2026 cycle.
- National Treasury Employees Union — $690,000 on 2 filings
- Human Rights Campaign — $439,908 on 2 filings
- Hadassah, the Women's Zionist Organization of America, Inc. — $60,000 on 1 filing
- American Society for Reproductive Medicine (asrm) — $20,000 on 2 filings
Lobbying Disclosure Act filings through Jul 20, 2026. A filing shows who paid to lobby on a bill it names, not what changed.
How this was measured
Analysis — Quorum's AI read the full bill text on Jul 6, 2026; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
Money — Senate Lobbying Disclosure Act filings whose specific-issue field names this bill for quarters ending Dec 2025 to Jun 2026. A filing's amount is reported whole beside the median number of bills a filing names; it is never divided across them. PAC receipts are FEC-reported contributions to the sponsor's candidate committee in the 2026 cycle.
As of — lobbying records through Jul 20, 2026 · page rendered 2026-10-20.
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