# 119-s-2408: Access to Fertility Treatment and Care Act

119-s-2408, Access to Fertility Treatment and Care Act, is a 119th Congress bill sponsored by Sen. Booker, Cory A. [D-NJ] (D-NJ); status introduced; PRIA reads it as touching household money (as of 2025-12-21).

- Canonical: https://policyrisk.com/legislation/119-s-2408
- As of: 2025-12-21
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-2408
- Congress: 119
- Title: Access to Fertility Treatment and Care Act
- Status: introduced
- Introduced: 2025-07-23
- Sponsor: Sen. Booker, Cory A. [D-NJ] (D-NJ)
- Cosponsors: 6
- Policy area: Health
- Touches household money: yes
- Last recorded action: 2025-12-21

## Summary

**Establishes a federal baseline requiring fertility-treatment coverage across major public and private health plans.** This bill would require insurers and federal programs that cover obstetrical care to also cover a broad set of fertility services and to limit cost-sharing so it is no higher than for other medical care. - Families and individuals: Would require coverage for services such as in vitro fertilization, egg/sperm/embryo preservation, genetic embryo testing, fertility medications, gamete donation, and related procedures when a provider deems them appropriate. Plans could not apply higher copayments or deductibles to fertility care than to other medical services and could not penalize or discourage providers for offering it. - Veterans and military spouses or partners: Would require the Department of Veterans Affairs to provide fertility-treatment services to veterans and their spouses or partners through a joint application process, with VA regulations issued within 18 months. - Federal programs and plans: Would add coverage across Medicare, Medicaid, TRICARE, and the Federal Employees Health Benefits Program and set specific Medicare payment rules. Medicare coverage for these services would apply to care furnished on or after Jan. 1, 2026 and Medicare payment would equal 100% of the lesser of the actual charge or the physician fee schedule, with the Part B deductible waived.

## Cosponsors (6)

- Sen. Schumer, Charles E. [D-NY] (D-NY), 2025-07-28T00:00:00.000Z
- Sen. Duckworth, Tammy [D-IL] (D-IL), 2025-07-28T00:00:00.000Z
- Sen. Murray, Patty [D-WA] (D-WA), 2025-07-28T00:00:00.000Z
- Sen. Coons, Christopher A. [D-DE] (D-DE), 2025-07-28T00:00:00.000Z
- Sen. Klobuchar, Amy [D-MN] (D-MN), 2025-07-28T00:00:00.000Z
- Sen. Welch, Peter [D-VT] (D-VT), 2025-07-28T00:00:00.000Z

## Provisions PRIA read

- Fertility coverage in employer plans: benefit, high. If enacted, group and individual health plans that already cover obstetrical care would also have to cover fertility treatment. Coverage would include IVF, egg/sperm/embryo freezing, fertility drugs, genetic testing, donor gametes, and related services when a provider says it is appropriate. Cost-s…
- Medicaid must cover fertility care: benefit, high. If enacted, State Medicaid plans and waivers would have to cover fertility treatment as part of family planning services. The rule would take effect on October 1, 2026. A State could delay if its legislature must pass a new law; the delay lasts until the first day of the first calendar quarter afte…
- Medicare covers fertility services: benefit, high. If enacted, Medicare would cover fertility treatment starting January 1, 2026. Medicare would pay 100% of the lower of the provider's actual charge or the Medicare physician fee schedule amount for fertility services. The Medicare Part B deductible would not apply to these fertility treatment servi…
- Federal employee plan parity: benefit, medium. If enacted, Federal Employees Health Benefits Program contracts that cover obstetrical care would also have to cover fertility treatment. The copayment or deductible for fertility care could not be higher than the copayment or deductible for obstetrical benefits. This would apply to FEHBP contracts…
- TRICARE must cover fertility care: benefit, medium. If enacted, TRICARE plans that cover obstetrical care would also have to cover fertility treatment. The Defense Secretary would set cost-sharing rules that match the parity required for other plans. The bill defines fertility treatment the same way as the other provisions.
- VA fertility care for veterans: benefit, medium. If enacted, the Department of Veterans Affairs would provide fertility treatment to a veteran or to a veteran's spouse or partner when they apply together through a VA process. The VA must issue rules to run this program within 18 months after enactment. Fertility treatment is defined to include IV…

## Related bills

- 119-s-5066: Health Equity and Accountability Act of 2026
- 119-s-2823: FAMILY Act
- 119-s-3869: Healthy Families Act
- 119-s-51: Washington, D.C. Admission Act
- 119-s-5108: Right to IVF Act of 2026
- 119-s-1503: Equality Act

## Sources
- [119-s-2408 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/2408)

## Related
- [119-s-5066: Health Equity and Accountability Act of 2026](https://policyrisk.com/legislation/119-s-5066)
- [119-s-2823: FAMILY Act](https://policyrisk.com/legislation/119-s-2823)
- [119-s-3869: Healthy Families Act](https://policyrisk.com/legislation/119-s-3869)
- [119-s-51: Washington, D.C. Admission Act](https://policyrisk.com/legislation/119-s-51)
- [119-s-5108: Right to IVF Act of 2026](https://policyrisk.com/legislation/119-s-5108)
- [119-s-1503: Equality Act](https://policyrisk.com/legislation/119-s-1503)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-2408 (as of 2025-12-21).