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This bill provides a statutory right to access fertility treatments (e.g., in vitro fertilization).
Specifically, under the bill, individuals have the right to access fertility treatments and to make decisions about the use of their reproductive genetic material (e.g., embryos) without limitation or interference. Health care providers and insurers have the right to provide and cover these services, respectively. Manufacturers of applicable drugs or devices also have the right to provide these drugs or devices.
The bill supersedes state laws that limit or otherwise interfere with the provision of fertility treatments as set out under this bill, including laws that require medically unnecessary procedures or services in conjunction with fertility treatments or that restrict the ability of individuals to receive fertility treatments based on marital status or sex (including sexual orientation or gender identity). The bill does not affect state health and safety regulations for medical facilities or health care providers that are in accordance with widely accepted and evidence-based medical standards and for which the purpose cannot be achieved in another, nonrestrictive manner.
The Department of Justice may bring civil actions against states, individuals, or entities that implement or enforce limitations or requirements that violate this bill. Individuals and health care providers may also bring civil actions.
In addition, the bill provides for coverage of fertility treatments under Medicare and Medicaid and for members of the uniformed services and veterans. It also requires private insurers that cover obstetrical services to also cover fertility treatments.
Written by the nonpartisan Congressional Research Service, describing S. 4445 as introduced in Senate on Jun 3, 2024. It is not the text of the measure; a later amendment may have changed what it does.
Jun 13, 2024Each bar: ✓ Yea from the bottom, ✕ Nay aboveSep 17, 2024
Senate Jun 13, 2024 · the primary vote
Motion to Invoke Cloture: Motion to Proceed to S. 4445
Cloture on the Motion to Proceed Rejected
48 Yea 47 Nay 5 not voting
Party-line vote 3 of 95 voting members broke with their own party: 1 Democrat, 2 Republicans.
DemocratsIndependentsRepublicansFilled: YeaRing: NayGrey: not voting or present
100 members on this roll call, from the official Senate record. Party majorities need at least five voting members, so an independent never counts as breaking with a party.
Signing on is not a vote: a member can cosponsor S. 4445 and vote against it. 3 signed when it was filed.
Organizations that named S. 4445 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.
47 disclosures name this measure. Retrieved from LDA.gov on 2026-10-04. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.