S. 4368Senate118th Congress (2023-2025)In Committee

IVF Protection Act

Sponsored by Ted CruzSen. Ted Cruz (R-TX)
Introduced May 20, 2024

AI-Generated Summary

Updated January 20, 2026 at 4:49 PM UTC

The IVF Protection Act amends the Social Security Act to make sure that any state that receives federal Medicaid funding cannot ban in‑vitro fertilization (IVF) services. It ties this requirement to the receipt of Medicaid payments, affecting state governments and local jurisdictions that receive such funds. The bill also defines IVF and clarifies that no one is forced to provide the service, while allowing states to keep health‑ and safety‑related regulations.

Key Provisions

  • States must not prohibit IVF services as a condition for receiving Medicaid funding, and must ensure local governments within the state also do not ban IVF.
  • The law does not compel any individual or organization to provide IVF services.
  • IVF is defined as the process of collecting eggs, fertilizing them with sperm outside the body, and later placing the embryos in a uterus.
  • States may still implement health and safety standards related to IVF without violating the Act.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

May 20, 2024

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SenateIntro Referral

Introduced in Senate

May 20, 2024

SenateIntro Referral

Read twice and referred to the Committee on Finance.

May 20, 2024

Floor Debate

20 members

What members said about S. 4368 on the floor

9 Republicans11 Democrats
Ted Cruz
Sen. Ted CruzR-TX · Sep 17, 2024

Mr. President, I want to thank my friend Senator Britt for her powerful and passionate defense of in vitro fertilization. Senator Britt has been an incredible partner as she and I have worked to pass…

Ted Cruz
Sen. Ted CruzR-TX · Jun 12, 2024

Mr. President, today I rise to speak on an issue that is incredibly personal and vital to millions of Americans--the protection of in vitro fertilization. IVF is a medical miracle that has brought…

Tammy Duckworth
Sen. Tammy DuckworthD-IL · Sep 17, 2024

Mr. President, I come to the floor today to speak on the bill that recently failed, despite my colleagues' assertion that they support access to in vitro fertilization for all Americans. You know,…

Patty Murray
Sen. Patty MurrayD-WA · Sep 17, 2024

Mr. President, reserving the right to object. I have been perfectly clear about the glaring issue with this Republican bill. The cold, hard reality is this Republican bill does nothing to…

Marsha Blackburn
Sen. Marsha BlackburnR-TN · Sep 17, 2024

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, across our country, more than 3 million female high school and college athletes compete,…

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Debbie Stabenow
Sen. Debbie StabenowD-MI · Sep 17, 2024

Mr. President, first, I am so grateful to be here with colleagues who care deeply about protecting our reproductive freedoms and supporting families all across America. I want to thank Senator Patty…

Christopher Murphy
Sen. Christopher MurphyD-CT · Sep 17, 2024

Mr. President, in reserving the right to object, first of all, let me offer my thanks to the Senator from Tennessee for all the work that she has done with my colleague Senator Blumenthal to protect…

Roger Marshall
Sen. Roger MarshallR-KS · Jun 12, 2024

Mr. President, I thank the leadership of the Senators from Texas and Alabama on this issue that is important to literally millions of Americans, as the Senators talked about. First of all, let the…

John Boozman
Sen. John BoozmanR-AR · Sep 17, 2024

Mr. President, last week, hundreds of farmers and ranchers, from all regions of our country, representing operations of all sizes and all the major crops, traveled to the Capitol to encourage us to…

Katie Boyd Britt
Sen. Katie Boyd BrittR-AL · Sep 17, 2024

Mr. President, I am proud today to be joining my colleague from Texas in support of the IVF Protection Act. I am grateful to Senator Cruz for his leadership on this important topic. Both Senator Cruz…

Maria Cantwell
Sen. Maria CantwellD-WA · Sep 17, 2024

I rise to join my colleagues and want to thank my colleague, Senator Murray, for her leadership on this important issue over many, many years. I join my colleagues to say it is time to put partisan…

Amy Klobuchar
Sen. Amy KlobucharD-MN · Sep 17, 2024

Mr. President, I first want to thank our colleague Senator Duckworth from Illinois for her leadership. Anyone that sees the beautiful pictures of her two girls with their different personalities,…

Katie Boyd Britt
Sen. Katie Boyd BrittR-AL · Jun 12, 2024

Mr. President, I was proud to join my colleague from Texas in introducing the IVF Protection Act. I am grateful for his leadership on this important topic. As a mom, I know firsthand that there is no…

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Richard Blumenthal
Sen. Richard BlumenthalD-CT · Sep 17, 2024

Mr. President, actions speak louder than words. Actions always speak louder than words. For all their words, our Republican colleagues have acted today in a way that will speak for years and longer.…

Mazie K. Hirono
Sen. Mazie K. HironoD-HI · Sep 17, 2024

Mr. President, I want to thank Senator Murray for her leadership on reproductive freedom issues and my colleagues talking today about the IVF bill we just voted on. Once again, today, our Republican…

Patty Murray
Sen. Patty MurrayD-WA · Jun 12, 2024

Mr. President, reserving the right to object, I am not going to mince words here. It is ridiculous to claim that this bill protects IVF when it does nothing of the sort. In fact, it explicitly allows…

Ted Budd
Sen. Ted BuddR-NC · Sep 17, 2024

Mr. President, I ask unanimous consent to use a prop during my speech. Mr. President, today, I have the distinct honor of recognizing my alma mater, Appalachian State University, on the 125th…

Brian Schatz
Sen. Brian SchatzD-HI · Sep 17, 2024

Mr. President, here in this Chamber, it is your vote that counts--not your tweets, not your public statements, not your TV interviews. Your votes. And today for the second time in 3 months,…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Sep 17, 2024

Mr. President, by all accounts, a vote to protect something as basic and as popular as IVF shouldn't be necessary, but sadly it is very necessary thanks to attacks against reproductive care by Donald…

John Cornyn
Sen. John CornynR-TX · Sep 17, 2024

Will the Senator yield for a question? I am a little confused. If the Democrats sincerely want to pass a law relative to IVF, wouldn't they ordinarily work to have an amendment process where we can…

John Thune
Sen. John ThuneR-SD · Sep 17, 2024

The following Senators are neccessarily absent: the Senator from South Dakota (Mr. Rounds), the Senator from North Carolina (Mr. Tillis), and the Senator from Ohio (Mr. Vance). Further, if present…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 17, 2024

I announce that the Senator from New Jersey (Mr. Booker) and the Senator from West Virginia (Mr. Manchin) are necessarily absent. Mr. President, I ask unanimous consent that the order for the quorum…

Shelley Moore Capito
Sen. Shelley Moore CapitoR-WV · Jun 12, 2024

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

Latest available legislative text

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Introduced in SenateIssued May 20, 2024

II

118th CONGRESS

2d Session

S. 4368

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

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.

1.

Short title

This Act may be cited as the IVF Protection Act.

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.

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.

.

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.

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)).