[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1346 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. RES. 1346
Providing for consideration of the bill (H.R. 7056) to prohibit the
limitation of access to assisted reproductive technology, and all
medical care surrounding such technology.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2024
Ms. Wild submitted the following resolution; which was referred to the
Committee on Rules
_______________________________________________________________________
RESOLUTION
Providing for consideration of the bill (H.R. 7056) to prohibit the
limitation of access to assisted reproductive technology, and all
medical care surrounding such technology.
Resolved, That immediately upon adoption of this resolution, the
House shall proceed to the consideration in the House of the bill (H.R.
7056) to prohibit the limitation of access to assisted reproductive
technology, and all medical care surrounding such technology. All
points of order against consideration of the bill are waived. The
amendment specified in section 3 of this resolution shall be considered
as adopted. The bill, as amended, shall be considered as read. All
points of order against provisions in the bill, as amended, are waived.
The previous question shall be considered as ordered on the bill, as
amended, and on any further amendment thereto, to final passage without
intervening motion except: (1) one hour of debate equally divided and
controlled by the chair and ranking minority member of the Committee on
Energy and Commerce or their respective designees; and (2) one motion
to recommit.
Sec. 2. Clause 1(c) of rule XIX shall not apply to the
consideration of H.R. 7056.
Sec. 3. The amendment specified in this section is as follows:
Strike sections 2 through 5 and insert the following:
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To permit patients to seek and receive fertility
treatment, including assisted reproductive technology services,
and to permit health care providers that choose to provide
fertility treatment, to provide such services without States
enacting harmful or unwarranted limitations or requirements
that single out the provision of assisted reproductive services
for restrictions that are not consistent with widely accepted
and evidence-based medical standards of care, and which do not
significantly advance reproductive health or the efficacy and
safety of fertility treatment, or make fertility treatment more
difficult to access.
(2) To promote the right and ability of a patient residing
in any State to choose to receive fertility treatment provided
in accordance with widely accepted and evidence-based medical
standards of care by a health care provider who chooses to
provide such services.
(3) To protect an individual's right to make decisions, in
consultation with the individual's health care provider, about
the most appropriate medical care to maximize the chance of
becoming pregnant and giving birth to a healthy, living, human
child with the help of fertility treatment.
SEC. 3. DEFINITIONS.
In this Act:
(1) Fertility treatment.--The term ``fertility treatment''
includes the following:
(A) Preservation of human oocytes, sperm, or
embryos for later reproductive use.
(B) Artificial insemination, including intravaginal
insemination, intracervical insemination, and
intrauterine insemination.
(C) Assisted reproductive technology, including in
vitro fertilization and other treatments or procedures
in which reproductive genetic material, such as
oocytes, sperm, fertilized eggs, and embryos, are
handled, when clinically appropriate.
(D) Genetic testing of embryos.
(E) Medications prescribed or obtained over-the-
counter, as indicated for fertility.
(F) Gamete donation.
(G) Such other information, referrals, treatments,
procedures, medications, laboratory testing,
technologies, and services relating to fertility as the
Secretary of Health and Human Services determines
appropriate.
(2) Health care provider.--The term ``health care
provider'' means any entity or individual (including any
physician, nurse practitioner, physician assistant, pharmacist,
health care support personnel, clinical staff, and any other
individual, as determined by the Secretary of Health and Human
Services) that--
(A) is engaged or seeks to engage in the delivery
of fertility treatment, including through the provision
of evidence-based information, counseling, referrals,
or items and services that relate to, aid in, or
provide fertility treatment; and
(B) if required by State law to be licensed,
certified, or otherwise authorized to engage in the
delivery of such services--
(i) is so licensed, certified, or otherwise
authorized; or
(ii) would be so licensed, certified, or
otherwise authorized but for the fact that the
individual or entity has provided, is
providing, or plans to provide fertility
treatment in accordance with section 4.
(3) Health insurance issuer.--The term ``health insurance
issuer'' has the meaning given such term in section 2791(b) of
the Public Health Service Act (42 U.S.C. 300gg-91(b)).
(4) Manufacturer.--The term ``manufacturer'' means the
manufacturer of a drug or device approved, cleared, authorized,
or licensed under section 505, 510(k), 513(f)(2), or 515 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360(k),
360c(f)(2), 360e) or section 351 of the Public Health Service
Act (42 U.S.C. 262) or otherwise legally marketed.
(5) State.--The term ``State'' includes each of the 50
States, the District of Columbia, Puerto Rico, each territory
and possession of the United States, and any political
subdivision thereof.
(6) Widely accepted and evidence-based medical standards of
care.--The term ``widely accepted and evidence-based medical
standards of care'' means any medical services, procedures, and
practices that are in accordance with the guidelines of the
American Society for Reproductive Medicine.
SEC. 4. FERTILITY TREATMENT RIGHTS.
(a) General Rule.--
(1) Individual rights.--An individual has a statutory right
under this Act, without prohibition, limitation, interference,
or impediment, to the extent that such prohibition, limitation,
interference, or impediment in any way or degree obstructs,
delays, or affects commerce over which the Federal Government
has jurisdiction, to--
(A) receive fertility treatment from a health care
provider, in accordance with widely accepted and
evidence-based medical standards of care;
(B) continue or complete an ongoing fertility
treatment previously initiated by a health care
provider, in accordance with widely accepted and
evidence-based medical standards of care;
(C) make decisions and arrangements regarding the
donation, testing, use, storage, or disposition of
reproductive genetic material, such as oocytes, sperm,
fertilized eggs, and embryos; and
(D) establish contractual agreements with a health
care provider relating to the health care provider's
services in handling, testing, storing, shipping, and
disposing of the individual's reproductive genetic
material in accordance with widely accepted and
evidence-based medical standards of care.
(2) Health care provider rights.--A health care provider
has a statutory right under this Act, without prohibition,
limitation, interference, or impediment, to the extent that
such prohibition, limitation, interference, or impediment in
any way or degree obstructs, delays, or affects commerce over
which the Federal Government has jurisdiction, to--
(A) provide, or assist with the provision of,
fertility treatment provided in accordance with widely
accepted and evidence-based medical standards of care;
(B) continue or complete the provision of, or
assistance with, fertility treatment that was lawful
when commenced and is provided in accordance with
widely accepted and evidence-based medical standards of
care;
(C) provide for, or assist with, the testing, use,
storage, or disposition of reproductive genetic
material, such as oocytes, sperm, fertilized eggs, and
embryos, in accordance with widely accepted and
evidence-based medical standards of care; and
(D) establish contractual agreements with
individuals or manufacturers relating to the health
care provider's services in handling, testing, storing,
shipping, and disposing of the individual's
reproductive genetic material.
(3) Health insurance issuer rights.--A health insurance
issuer has a statutory right under this Act, without
prohibition, limitation, interference, or impediment, to the
extent that such prohibition, limitation, interference, or
impediment in any way or degree obstructs, delays, or affects
commerce over which the Federal Government has jurisdiction, to
cover the provision of fertility treatment provided in
accordance with widely accepted and evidence-based medical
standards of care.
(4) Manufacturer rights.--A manufacturer of a drug or
device that is approved, cleared, authorized, or licensed under
section 505, 510(k), 513(f)(2), or 515 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355; 360(k); 360c(f)(2);
360e) or section 351 of the Public Health Service Act (42
U.S.C. 262) or otherwise legally marketed and intended for use
in the provision of fertility treatment, including the storage
or transport of oocytes, gametes, fertilized eggs, and embryos,
has a statutory right under this Act, without prohibition,
limitation, interference, or impediment, to the extent that
such prohibition, limitation, interference, or impediment in
any way or degree obstructs, delays, or affects commerce over
which the Federal Government has jurisdiction, to manufacture,
import, market, sell, and distribute such drug or device.
(b) State Regulation of Medicine.--The enforcement of State health
and safety law regarding medical facilities or health care providers
does not constitute a violation of subsection (a) if--
(1) such regulations are in accordance with widely accepted
and evidence-based medical standards of care for providing
fertility treatment; and
(2) the safety or health objective cannot be advanced by a
different means that does not prohibit, limit, interfere with,
or impede the rights described in subsection (a).
(c) Enforcement.--
(1) The attorney general.--
(A) In general.--The Attorney General may commence
a civil action on behalf of the United States against
any State; an individual, employee, official, agency
head, contractor, organization, or instrumentality
acting for, or on behalf of, such a State; or any
individual acting under the color of, or pursuant to,
State law, that implements, enforces, or threatens to
enforce a limitation or requirement that prohibits,
limits, interferes with, or impedes the statutory
rights of an individual, a health care provider, a
health insurance issuer, or a manufacturer under
subsection (a).
(B) Effect of violations.--The court shall hold
unlawful and set aside a limitation or requirement
described in subparagraph (A) if it is in violation of
subsection (a).
(2) Private right of action.--
(A) In general.--Any individual or entity adversely
affected by an alleged violation of subsection (a) may
commence a civil action against an individual,
employee, official, agency head, contractor,
organization, or instrumentality acting for, or on
behalf of, such a State that enacts, implements, or
enforces a limitation or requirement that prohibits,
limits, interferes with, or impedes the statutory
rights of an individual, a health care provider, a
health insurance issuer, or a manufacturer under
subsection (a).
(B) Effect of violations.--The court shall hold
unlawful and enjoin a limitation or requirement
described in subparagraph (A) if it is in violation of
subsection (a).
(3) Health care provider.--
(A) In general.--A health care provider may
commence a civil action for relief on such provider's
own behalf, on behalf of the provider's staff, or on
behalf of the provider's patients who are or may be
adversely affected by an alleged violation of
subsection (a).
(B) Effect of violations.--The court shall hold
unlawful and enjoin a limitation or requirement
described in subparagraph (A) if it is in violation of
subsection (a).
(4) Equitable relief.--In any action under this section,
the court may award appropriate equitable relief, including
temporary, preliminary, or permanent injunctive relief.
(5) Costs.--
(A) In general.--In any action under this section,
the court shall award costs of litigation, as well as
reasonable attorney's fees, to any prevailing
plaintiff.
(B) Liability of plaintiffs.--A plaintiff shall not
be liable to a defendant for costs or attorney's fees
in any non-frivolous action under this section unless
such costs or attorney's fees are imposed by the court
as part of sanctions for violations committed during
the discovery process.
(6) 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 law.
(7) Right to remove.--
(A) In general.--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
pending.
(B) Review.--An order remanding the case to the
State court from which it was removed under this
paragraph is immediately reviewable by appeal or
otherwise.
(d) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services shall
promulgate regulations to carry out this section.
(e) Rules of Construction.--
(1) In general.--For purposes of this Act, a State law, or
the administration, implementation, or enforcement of a State
law, constitutes a prohibition, limitation, interference, or
impediment on a health care provider providing, an individual
receiving, a health insurance issuer covering, or a
manufacturer marketing drugs or devices for fertility
treatment, provided in accordance with widely accepted and
evidence-based medical standards of care if the administration,
implementation, interpretation, or enforcement of such law has
an effect that--
(A) imposes requirements or limitations that are
inconsistent with providing, receiving, providing
health insurance coverage for, or providing drugs or
devices for fertility treatment in accordance with
widely accepted and evidence-based medical standards of
care or that otherwise violate the requirements of this
Act, which may include--
(i) requiring that a health care provider
provide, and patients undertake, medically
unnecessary procedures and services, including
tests and procedures, providing medically
inaccurate information regarding fertility
treatment, or requiring additional unnecessary
in-person visits to a health care provider,
that are inconsistent with widely accepted and
evidence-based medical standards of care;
(ii) imposing limitations or requirements
concerning physical offices, clinics,
facilities, equipment, staffing, or hospital
transfer arrangements of facilities where
fertility treatment is provided, or the
credentials or hospital privileges or status of
personnel at such facilities, that are not
consistent with widely accepted and evidence-
based medical standards of care; or
(iii) limiting a health care provider's
right or ability to provide, or a patient's
right to receive, or imposing limitations that
reduce the efficacy of, fertility treatment