,i #aaith ,,congress #ast ,session ,h4 ,r4 #bjdi ,,in ,,the ,,house ,,of ,,representatives ,march #aa1 #bjbe,ms4 ,gillen 7for herself1 ,mr4 ,fitzpatrick1 and ,mr4 ,lawler7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to prohibit the limitation of access to assisted reproductive technology1 and all medical care surrounding such technology4 #a4 ,short title ,this ,act may be cited as the ,access to ,family ,building ,act4 #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 health care support personnel1 and any other individual1 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 including through the provision of evidence-based information1 counseling1 referrals1 or items and services that relate to1 aid in1 or provide 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 #d4 7#c7 ,patient ,the term patient means any individual who receives or seeks to receive assisted reproductive technology services and evidence-based information1 counseling1 referrals1 or items and services that relate to1 aid in1 or provide fertility treatment4 7#d7 ,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 thereof4 #c4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,congress has the authority to enact this ,act to protect access to fertility treatments pursuant to-- 7,a7 its powers under the ,commerce ,clause of section #h of article ,i of the ,constitution of the ,united ,states2 7,b7 its powers under section #e of the ,fourteenth ,amendment to the ,constitution of the ,united ,states to enforce the provisions of section #a of the ,fourteenth ,amendment2 and 7,c7 its powers under the necessary and proper clause of section #h of article ,i of the ,constitution of the ,united ,states4 7#b7 ,congress has used its authority in the past to protect and expand access to fertility treatment1 information1 products1 and services4 7b7 ,purpose ,it is the purpose of this ,act to permit health care providers to provide1 and for patients to receive1 assisted reproductive technology services without limitations or requirements that-- 7#a7 are more burdensome than limitations or requirements imposed on medically comparable procedures2 7#b7 do not significantly advance reproductive health or the safety of such services2 or 7#c7 unduly restrict access to such services4 #d4 ,access to assisted reproductive technology 7a7 ,general rule 7#a7 ,individual rights ,an individual has a statutory right under this ,act1 including without prohibition or unreasonable limitation or interference 7such as due to financial cost or detriment to the individual's health1 including mental health71 to-- 7,a7 access assisted reproductive technology2 7,b7 continue or complete an ongoing assisted reproductive technology treatment or procedure pursuant to a written plan or agreement with a health care provider2 and 7,c7 retain all rights regarding the use or disposition of reproductive genetic materials1 including gametes1 subject to subsection 7c74 7#b7 ,health care provider rights ,a health care provider has a statutory right under this ,act to-- 7,a7 perform or assist with the performance of assisted reproductive technology treatments or procedures2 and 7,b7 provide or assist with the provision of evidence-based information related to assisted reproductive technology4 7#c7 ,insurance provider rights ,a health insurance provider has a statutory right under this ,act to cover 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 local municipality1 or against any government official1 individual1 or entity that enacts1 implements1 or enforces a limitation or requirement that prohibits1 unreasonably limits1 or interferes with 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 or local 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 or 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 ,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 is 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 or local municipality 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 that safety objective 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 ,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 #e4 ,applicability and preemption 7a7 ,in general 7#a7 ,general application ,this ,act supersedes and applies to the law of the ,federal ,government and each ,state government1 and the implementation of such law1 whether statutory1 common law1 or otherwise1 and whether adopted before or after the date of enactment of this ,act1 and neither the ,federal ,government nor any ,state government shall administer1 implement1 or enforce any law1 rule1 regulation1 standard1 or other provision having the force and effect of law that conflicts with any provision of this ,act1 notwithstanding any other provision of ,federal law1 including the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb et seq474 7#b7 ,subsequently enacted ,federal legislation ,federal statutory law adopted after the date of the enactment of this ,act is subject to this ,act unless such law explicitly excludes such application by reference to this ,act4 7b7 ,defense ,in any cause of action against an individual or entity who is subject to a limitation or requirement that violates this ,act1 in addition to the remedies specified in section #d7;b71 this ,act shall also apply to1 and may be raised as a defense by1 such an individual or entity4 #f4 ,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