“In the Middle” of the National Conversation around IVF

If you’re finding it challenging keeping up with IVF advocacy this year, episode five of the podcast (In)fertility Discourse from RESOLVE is just what you need. We discuss the latest advocacy news in California, explore how the presidential race influences the IVF conversation, delve into current legislation, and explain why RESOLVE is truly “in the middle.” Check out the episode.

But luckily for you we sum it up here and go a bit deeper. With IVF part of a national discussion, and presidential candidates and Members of Congress declaring “We support IVF”, we want to shed some light on recently introduced federal legislation and RESOLVE’s position. .

Dateline California:

In the five years that RESOLVE, and our California coalition partners have advocated for an IVF insurance law in the Golden State, we’ve never been closer to insurance coverage for infertility and IVF than we are now. We are thrilled to see that an IVF insurance coverage bill passed the state legislature with overwhelming bipartisan support, and as of September 23, 2024, it is on Governor Gavin Newsom’s desk for signing. Governor Newsom has until the end of September to sign it into law. Make sure you follow us to find out what happens in California. Thank you so much to all our advocates who have called and emailed their lawmakers to get the bill this far this year. Your advocacy is amazing!

The National Conversation Around IVF:

It is no surprise to us at RESOLVE that infertility and IVF are being discussed on a national level, especially with the presidential campaign in full swing. IVF was on the Republican issue platform at the Republican National Convention and a prominent topic in speeches at the Democratic National Convention. Former President Trump recently announced his administration would get IVF covered by insurance if he’s elected.

As a 501(c)(3) non-profit charitable organization, the IRS prevents RESOLVE from endorsing or supporting specific candidates or engaging in any political campaigns. We are allowed to provide voter education and voter resources that are non-partisan and not specific to any specific candidate or political party. We can support federal and state legislation.

At the federal level, when a lawmaker wants to draft a bill, their staff work experts in the government as well as key stakeholders in the private and non-profit sector to draft the bill in a way that meets the goals of the lawmaker. Given our reputation and long experience in Congress, we are fortunate that many lawmakers and their staff reach out to RESOLVE to discuss bill language, review draft bills, connect with other experts, and ensure the bill meets the needs of the RESOLVE community. This allows us to be in the middle of it all.

This Congress we are fortunate to support more than 14 bills; listed below are two bills that RESOLVE supports. The bill sponsors for these two bills reached out to RESOLVE so we were able to offer our perspective on the issues and provide our expertise on bill language. Once introduced, RESOLVE determined that we supported the bills, and we are now asking our community to advocate for these bills with their federal lawmakers.

Right to IVF Act

Introduced in the House and Senate, the Right to IVF Act would help individuals and families who are impacted by infertility by establishing a statutory right to access IVF for all Americans who need it to start or grow a family. It would also expand access to coverage for IVF and fertility treatment by requiring that health plans, including the VA, TRICARE, Medicaid, Medicare, group and individual market plans, ERISA, and the Federal Employees Health Benefits Program, provide coverage for fertility treatment. RESOLVE supports the definitions and terms used in the bill and believes this is one of the most comprehensive bills ever for our community.

HOPE with Fertility Services ACT

The Helping to Optimize Patients’ Experience (HOPE) with Fertility Services Act (HR 8821), was introduced in the U.S. House of Representatives by Congresswoman Lori Chavez-DeRemer (R-OR-5), Congressman Zach Nunn (R-IA-3), Congresswoman Susan Wild (D-PA-7), and Congresswoman Debbie Wasserman Schultz (D-FL-25).

The bill would require private health insurance, offered by employers to their employees, to cover IVF and IUI and fertility preservation services for men and women who face medically induced infertility from treatments like chemotherapy. This bill impacts millions of lives covered by private insurance and is bipartisan.

As advocates with RESOLVE know, there are oftentimes when RESOLVE opposes legislation at the state or federal level, as we deem it will hurt our community or be counter-productive to expanding and protecting access to care. We highlight below three bills in Congress that we do not support and why. While RESOLVE was not contacted by the bill sponsors before the bills were introduced, we do read them carefully once introduced and determine how the bill would be implemented and if any language is potentially harmful to our community. Also, we care deeply about making sure bills do no harm to our community as it can be very difficult – if not impossible – to undo something once it becomes law.

IVF Protection Act

IVF Protection Act S 4368/H.R. 8869, introduced by Senators Ted Cruz (R-TX) and Katie Britt (R-AL.) and Rep. Scott Perry (R-PA-10).

RESOLVE opposes this bill as it does not protect IVF; it punishes a state by withholding Medicaid funding if it passes a law that “prohibits” IVF. The bill leaves open the possibility of a state regulating IVF, which can be harmful to IVF access even if IVF is not outright prohibited. The effect can be just as devastating. The bill sponsors have publicly shared that states are too afraid to lose federal funding so this threat would in essence prevent a state from passing a law banning IVF.

The Reproductive Empowerment and Support through Optimal Restoration (RESTORE) Act

The Reproductive Empowerment and Support through Optimal Restoration (RESTORE) Act S 4533; Sen. Cindy Hyde-Smith (R-MS.)

RESOLVE opposes this bill as it promotes non-scientific treatment methods, health education, and research. It does not expand access to care for family building or protect access to IVF.

Right to Try IVF Act

Right to Try IVF Act , H.R. 7669; Rep. Anna Paulina Luna (R-FL-13)

RESOLVE opposes this bill as it cuts off funding for Maternal Health Block Grants if a state prohibits a physician from performing IVF. The bill does not protect IVF or expand access to care. The goal of a bill like this is to serve as a deterrent to a state from passing such a bill by cutting off vitally important federal funds for maternal health.

Making your voice heard is more important now than ever before. Sign up to be part of RESOLVE’s Advocacy Network (RAN) to receive information on how and when to act when RESOLVE needs your voice to be heard. Read more about this topic. Thank you for advocating!