S. 4368 — Introduced in Senate

II 118th CONGRESS 2d Session S. 4368 IN THE SENATE OF THE UNITED STATES May 20, 2024Mr. Cruz (for himself and Mrs. Britt) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to require, as a condition of receiving Federal Medicaid funding, that States do not prohibit in vitro fertilization (IVF) services, and for other purposes. 1. Short title This Act may be cited as the IVF Protection Act. 2. Findings Congress finds the following: (1) Since its development in the 1970s, in vitro fertilization (referred to in this section as IVF) has proven itself to be a safe, effective, and reliable means to achieving pregnancy. (2) IVF has allowed millions of aspiring parents to experience the miracle of childbirth. (3) IVF is a pro-woman and pro-family solution for those struggling to have children. (4) IVF has become a symbol of hope for those aspiring to conceive. (5) It is now estimated that nearly 2 percent of all live births in the United States are the result of IVF, resulting in tens of thousands of happy, healthy babies being born annually. (6) The use of IVF has strengthened our communities and our nation by promoting generations of children and families that otherwise may not have come to be. 3. Medicaid requirement that States do not prohibit IVF services Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: (uu) Requirement that States do not prohibit IVF services As a condition of receiving payments under section 1903(a), a State— (1) shall not prohibit in vitro fertilization (as defined in section 4(b) of the IVF Protection Act) services; and (2) shall ensure that no unit of local government in the State prohibits such services. . 4. No requirement to furnish IVF services (a) In general Nothing in the IVF Protection Act shall be construed to compel any individual or organization to provide in vitro fertilization services. (b) In vitro fertilization defined In this section, the term in vitro fertilization means the practice whereby eggs are collected from ovaries and manually fertilized by sperm, for later placement inside of a uterus. 5. Rule of construction Nothing in the IVF Protection Act shall be construed to impede States from implementing health and safety standards regarding the practice of in vitro fertilization (as defined in section 4(b)).