Senate Republicans block IVF bill for second time this year as Trump floats a similar proposal in election-year push
For the second time this year, the Senate failed to advance the Right to IVF Act, a bill that would expand federal protections and access to infertility treatments, including in vitro fertilization (IVF).
The vote on Tuesday came after former President Donald Trump recently claimed that he would support universal coverage on IVF treatment, and declared the Republican Party was the leader on IVF.
The bill, which had been voted on in June, would have required government and private insurance plans to cover the treatment, just as any other disease is covered. It would also enshrine a person’s right to make those reproductive decisions.
Since Trump’s remarks, congressional Republicans have been left to take a stance on a controversial issue among their evangelical and conservative supporters ahead of November.
Senate Majority Leader Chuck Schumer, a Democrat, said hours ahead of the vote that bringing the legislation back to the floor was in an effort to make Republicans “live up to their word” and answer whether they support Americans’ access to IVF.
“Republicans want people to think they support IVF because they know how unpopular that position is,” said Schumer, who is the grandfather of a child conceived through IVF. “If Republicans get their way, the IVF services that so many families depend on are very much at risk.”
Legislative effort fails
Senate Republicans Tuesday rejected the legislation that would allow patients to seek and receive fertility treatment, including artificial insemination, freezing of eggs, genetic testing for embryos, IVF and medications to assist with fertility. The 51-44 vote failed to reach the 60-vote threshold required to advance the bill. Sen. Lisa Murkowski of Alaska and Sen. Susan Collins of Maine, both Republicans, broke ranks and voted for the measure.
In June, the Senate voted on the same bill, introduced by Illinois Sen. Tammy Duckworth, who struggled with fertility for 10 years before having her daughters. The bill also failed to reach 60 votes in a 48-47 vote.
The issue got national attention in February after the Alabama Supreme Court ruled the embryos used in IVF should be considered children under state law, leaving women and families who sought out the treatment in limbo as some Alabama fertility providers halted IVF services. However, Alabama’s Republican governor signed legislation that would protect doctors from legal liability so services could resume.
The failed advancement of Tuesday’s bill comes as voters say they overwhelmingly support the protection and access to IVF treatments. About 74% of Americans believe that IVF should be either even more accessible than it is now (55%) or that access to it should not be changed (19%), according to an August Yahoo News/YouGov poll. The poll also revealed that 37% of Americans believe that Republicans want to limit access to IVF.
Trump says he supports IVF; GOP offers alternate proposals
Trump has made multiple recent remarks pledging to mandate the government or insurance companies to pay for all costs related to IVF.
"We want to produce babies in this country, right?" Trump said, according to Reuters, during a town hall-style campaign event on Aug. 29 in La Crosse, Wis.
In an August interview with NBC News, Trump said that he was “always for IVF, right from the beginning.” When pressed to clarify that the government or insurance company would pay for the services, Trump responded, “Under a mandate, yes.”
However, Senate Republican Whip John Thune expressed his concern regarding a mandate when asked last week about Trump’s IVF remarks, according to CNN,
“I don’t know of any Republicans not favor of IVF,” Thune answered. “The mandate part, that’s a challenging issue for lots of reasons, not the least of which is what it does to insurance costs. We put a lot of mandates on insurance companies as it is already.”
Other Republicans have tried to formulate alternative legislation related to IVF.
On Monday, Republican Florida Sen. Rick Scott, whose daughter is undergoing IVF treatments, tried to pass the Increasing Value for Families (IVF) with HSAs Act in an attempt to make IVF services more affordable. However, Oregon Sen. Ron Wyden, a Democrat, objected and pushed for the support in Tuesday’s vote.
In June, Republican senators Katie Britt and Ted Cruz also brought to the floor the IVF Protection Act following the rejection of the Democrats’ legislation. Their bill would block states from receiving funding for Medicaid if they prohibit IVF services. However, Democrats blocked the unanimous request and criticized it for not going far enough to protect access to IVF.
“It is ridiculous to claim that this bill protects IVF when it does nothing of the sort,” said Washington Sen. Patty Murray, a Democrat. “In fact, it explicitly allows states to restrict IVF in all sorts of ways.”
