Dear Neighbor,
Last week, the Alabama Supreme Court ruled that frozen embryos are unborn life, a draconian decision which further threatens women’s access to reproductive health services. This ruling will allow wrongful death lawsuits to proceed against anyone who destroys a frozen embryo. In response, fertility centers in Alabama have paused in vitro fertilization (IVF) procedures out of fear that their doctors and patients may be treated as criminals.
That is unacceptable.
This news is heartbreaking for the many families who depend on the use of assisted reproductive technology (ART), such as IVF, to build their families. The World Health Organization has determined that 1 in 6 people globally have infertility, and that does not even include the many LGBTQ+ people who may wish to utilize ART to start or grow their families.
The choice to build a family should be a fundamental right for all Americans.
Government, including the courts, should have no say in a person’s decision about if, when, and how to build their family. That is why I am proud to cosponsor the Access to Family Building Act, which establishes a statutory right for an individual to access ART and for physicians to provide treatment without unreasonable limitations or interference.
But I'm not stopping there.
My constituents have shared with me personal stories of their journeys to parenthood using ART. They inspired me to introduce the Family Building FEHB Fairness Act, which directs OPM to require comprehensive coverage of ART services, like IVF, under the Federal Employees Health Benefit (FEHB) program. Providing all federal employees with access to ART treatment will make family building more attainable for them, and has the added benefit of ensuring the federal government remains a competitive employer.
For plan year 2024, I encouraged OPM to require at least one national plan option with comprehensive ART coverage so that federal employees have access to robust care no matter where they live. This year, 25 health plan options, including a national plan option, will offer broader coverage of IVF-related services and benefits. Additionally, for the first time, OPM directed FEHB carriers to cover the drugs required for IVF procedures for up to three cycles of IVF annually.
I have also urged OPM to update their guidance on the definition of infertility used for FEHB plan carriers. The current definition used in OPM guidance to carriers is not inclusive and prevents LGBTQ+ families from accessing the infertility coverage benefits in plans. All federal employees should have access to comprehensive, inclusive family-building policies in the FEHB program and I look forward to continuing my work with OPM to achieve this goal.
The decision in Alabama should light a fire beneath all of us who care about restoring and protecting reproductive rights in America. We cannot remain silent in the face of such utter contempt for the rights and freedoms of American women and families. I am committed to seeing this fight through to the end.
As always, my office is here to help. If you have any questions or concerns, or if you need assistance, please do not hesitate to call us at (703) 256-3071.
