,,ii #aagth ,,congress #b;d ,session ,s4 #ebgf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ae1 #bjbb,ms4 ,duckworth 7for herself1 ,mrs4 ,murray1 ,mrs4 ,gillibrand1 and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prohibit the limitation of access to assisted reproductive technology1 and all medically necessary care surrounding such technology4 #a4 ,short title ,this ,act may be cited as the ,right to ,build ,families ,act of #bjbb4 #b4 ,definitions ,in this ,act3 7#a7 ,assisted reproductive technology ,the term assisted reproductive technology has the meaning given such term in section #h of the ,fertility ,clinic ,success ,rate and ,certification ,act of #aiib 7#db ,u4,s4,c4 #bfc;a-#g7a774 7#b7 ,health care provider ,the term health care provider means any entity or individual 7including any physician1 nurse practitioner1 physician assistant1 pharmacist1 and other individuals1 as determined by the ,secretary of ,health and ,human ,services7 that-- 7,a7 is engaged or seeks to engage in the delivery of assisted reproductive technology1 such as through the provision of evidence-based information1 counseling1 or items and services related to fertility treatment2 and 7,b7 if required by ,state law to be licensed1 certified1 or otherwise authorized to engage in the delivery of such services-- 7i7 is so licensed1 certified1 or otherwise authorized2 or 7ii7 would be so licensed1 certified1 or otherwise authorized but for the individual's or entity's past1 present1 or potential provision of assisted reproductive technology in accordance with section #c4 7#c7 ,state ,the term ,state includes each of the #ej ,states1 the ,district of ,columbia1 ,puerto ,rico1 each territory and possession of the ,united ,states1 and any political subdivision of a ,state4 #c4 ,right to assisted reproductive technology 7a7 ,prohibition ,no ,state1 or official or employee of a ,state acting in the scope of such appointment or employment1 may prohibit or unreasonably limit1 for reasons other than to enforce regulations described in subsection 7c7-- 7#a7 any individual from-- 7,a7 accessing assisted reproductive technology2 7,b7 continuing or completing an ongoing assisted reproductive technology treatment or procedure pursuant to a written plan or agreement with a health care provider2 or 7,c7 retaining all rights regarding the use of reproductive genetic materials1 including gametes2 7#b7 any health care provider from-- 7,a7 performing assisted reproductive technology treatments or procedures2 or 7,b7 providing evidence-based information related to assisted reproductive technology2 or 7#c7 any insurance provider from covering assisted reproductive technology treatments or procedures4 7b7 ,enforcement 7#a7 ,the attorney general ,the ,attorney ,general may commence a civil action on behalf of the ,united ,states against any ,state1 or against any government official1 individual1 or entity that enacts1 implements or enforces a limitation or requirement that violates subsection 7a74 ,the court shall hold unlawful and set aside the limitation or requirement if it is in violation of subsection 7a74 7#b7 ,private right of action ,any individual or entity adversely affected by an alleged violation of subsection 7a7 may commence a civil action against any ,state that violates this section or against any government official that enacts1 implements1 or enforces a limitation or requirement that violates subsection 7a74 ,the court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection 7a74 7#c7 ,health care provider ,a health care provider may commence an action for relief on its own behalf1 on behalf of the provider's staff1 and on behalf of the provider's patients who are or may be adversely affected by an alleged violation of subsection 7a74 7#d7 ,equitable relief ,in any action under this section1 the court may award appropriate equitable relief1 including temporary1 preliminary1 or permanent injunctive relief4 7#e7 ,costs ,in any action under this section1 the court shall award costs of litigation1 as well as reasonable attorney's fees1 to any prevailing plaintiff4 ,a plaintiff shall not be liable to a defendant for costs or attorney's fees in any non-frivolous action under this section4 7#f7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law4 7#g7 ,abrogation of state immunity ,neither a ,state that enforces or maintains1 nor a government official who is permitted to implement or enforce1 any limitation or requirement that violates subsection 7a7 shall be immune under the ,tenth ,amendment to the ,constitution of the ,united ,states1 the ,eleventh ,amendment to the ,constitution of the ,united ,states1 or any other source of law1 from an action in a ,federal or ,state court of competent jurisdiction challenging that limitation or requirement4 7#h7 ,right to remove ,any party shall have a right to remove an action brought under this subsection to the district court of the ,united ,states for the district and division embracing the place where such action is pending4 ,an order remanding the case to the ,state court from which it was removed under this paragraph may be immediately reviewable by appeal or otherwise4 7c7 ,state regulation of medicine ,nothing in this ,act shall be construed to prohibit enforcement of health and safety regulations a ,state requires of medical facilities or providers1 if such regulations-- 7#a7 advance the safety of health care services or the health of patients2 and 7#b7 cannot be advanced by a less restrictive alternative measure or action4 7d7 ,insurance ,nothing in this ,act shall be construed to modify1 supersede1 or otherwise affect any ,federal or ,state law regarding insurance coverage of assisted reproductive technologies and treatments4 7e7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall promulgate regulations to carry out this section4 #d4 ,severability ,if any provision of this ,act1 or the application of such provision to any person1 entity1 government1 or circumstance is held to be unconstitutional1 the remainder of this ,act1 or the application of such provision to all other persons1 entities1 governments1 or circumstances shall not be affected thereby4