[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4368 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4368

    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.


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                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2024

 Mr. Cruz (for himself and Mrs. Britt) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

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                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IVF Protection Act''.

SEC. 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.

SEC. 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.''.

SEC. 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.

SEC. 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)).
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