Several Pennsylvania lawmakers are proposing legislation to require insurance coverage for fertility treatments and to safeguard access to assisted reproductive technology (ART), including in vitro fertilization (IVF).
The proposals come amid national concerns about reproductive care access following a 2024 Alabama Supreme Court ruling that granted embryos the same legal rights as children, causing IVF services in that state to pause temporarily.
Senate Bills on Fertility Coverage
State Sen. Amanda Cappelletti (D., Montgomery) is sponsoring a bill titled Ensuring Insurance Coverage for Infertility for all Pennsylvanians. The bill would mandate nearly all insurance plans to cover fertility treatments, including artificial insemination, IVF, and the preservation of eggs, sperm, and embryos. It would also prohibit insurers from denying coverage based on past infertility diagnoses, gender identity, or sexual orientation.
Cappelletti said her personal experience with miscarriages motivated the bill. Companion legislation has been introduced in the House by Rep. La’Tasha Mayes (D., Allegheny), who used assisted reproductive technology to conceive her child.
A separate bill from Sen. Lisa Boscola (D., Lehigh) would require insurance policies that cover pregnancy-related benefits to also cover infertility diagnoses and treatments, though it limits the required coverage to three rounds of fertility treatment. Boscola has worked on this issue since 2009 after experiencing multiple miscarriages and an ectopic pregnancy.
While insurance companies have expressed concerns about potential premium increases, a 2021 survey by the national infertility association RESOLVE found that 97% of surveyed employers providing infertility coverage did not report increased medical costs.
Legislative Status
Both Cappelletti’s and Boscola’s bills must pass through the Senate Banking and Insurance Committee, chaired by Sen. Chris Gebhard (R., Lebanon), who has not commented on whether they will be called for a vote. The bills have support from Senate Democrats and some Republicans, including Sen. Tracy Pennycuick (R., Montgomery).
House Bill to Protect Assisted Reproductive Technology
State Rep. Jen O’Mara (D., Delaware) is sponsoring the Preserving Access to Reproductive Efforts – Non-Traditional Act (PARENT Act), which would prevent the state from interfering with the use of ART, including IVF and the transfer of embryos, eggs, or sperm into the uterus.
O’Mara, who used IVF to conceive her two children, said the bill is a proactive measure following the Alabama ruling. The legislation would give providers and patients a legal path to challenge any future restrictions.
The bill would first need to pass through the House Health Committee, chaired by Rep. Dan Frankel (D., Allegheny), who has expressed support for reproductive rights but noted that no immediate threats to IVF access currently exist in Pennsylvania.
Lawmakers also considered proposing the protections as a constitutional amendment, but O’Mara said the amendment process would be longer and more complex, requiring passage in two consecutive legislative sessions before going to voters.
