H.R. 9941

Right to IVF Act of 2026

Sponsor: Lori Trahan

129 cosponsors
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I Protect IVF

II Veteran Families Health Services

A Reproductive and fertility preservation assistance for members of the uniformed services

B Reproductive assistance for veterans

III Access to assisted reproductive technology and intrauterine insemination

Sec. 303. Requirement for State Medicaid plans to provide medical assistance for assisted reproductive technology and intrauterine insemination

(a) In general. Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—

(1) in subsection (a)(4)(C), by inserting (which shall include assisted reproductive technology (ART) and intrauterine insemination (IUI) provided in accordance with subsection (ll)) after family planning services and supplies; and

(2) by adding at the end the following new subsection:

Text this section adds to the law

(ll) Requirements for coverage of assisted reproductive technology and intrauterine insemination. For purposes of subsection (a)(4)(C), a State shall ensure that the medical assistance provided under the State plan (or waiver of such plan) for assisted reproductive technology (ART) and intrauterine insemination (IUI) complies with the requirements of section 2799A–12(b) of the Public Health Service Act in the same manner as such requirements and limitations apply to health insurance coverage offered by a group health plan or health insurance issuer.

(b) Technical amendment. Section 1903(a)(5) of the Social Security Act (42 U.S.C. 1396b(a)(5)) is amended by inserting described in section 1905(a)(4)(C) after family planning services and supplies.

(c) Effective date

(1) In general. Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2027.

(2) Delay permitted if State legislation required. In the case of a State plan approved under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this section. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

IV Family building FEHB fairness