HB1013: Fertility Treatment Protections

Bill Summary for HB1013

  • Bill Number: HB1013
  • Primary Sponsor: Representative A. Collins
  • Purpose: To establish and protect rights related to fertility treatments in Arkansas, ensuring access to services in accordance with evidence-based medical standards.

Key Provisions:

1. Definitions:

  • Fertility Treatment: Includes services such as:
    • Preservation of eggs, sperm, or embryos.
    • Artificial insemination and in vitro fertilization (IVF).
    • Genetic testing of embryos.
    • Donation and storage of reproductive genetic material.
    • Fertility-related medications and procedures approved by the U.S. Department of Health and Human Services.

2. Rights for Individuals:

  • Individuals have the right to:
    • Receive fertility treatments without prohibition or interference.
    • Continue or complete fertility treatments already initiated.
    • Make decisions regarding the use, testing, storage, and disposal of reproductive material.
    • Enter contracts with healthcare providers for handling and treatment of reproductive genetic materials.

3. Rights for Healthcare Providers:

  • Providers are protected to:
    • Deliver fertility treatments in accordance with widely accepted medical standards.
    • Complete ongoing fertility treatments lawfully initiated.
    • Manage reproductive materials such as embryos and gametes.

4. Rights for Insurers and Manufacturers:

  • Healthcare Insurers: Can cover fertility treatments without interference.
  • Manufacturers: Permitted to produce, market, and sell devices or medications related to fertility treatments.

5. Regulatory Standards:

  • State laws regulating medical facilities or providers must align with evidence-based medical standards for fertility treatments.
  • Laws cannot unnecessarily impede the rights protected by this bill.

6. Enforcement and Legal Remedies:

  • Individuals, healthcare providers, or insurers may file civil lawsuits against those who violate the rights established by this bill.
  • Courts may issue injunctions and award legal costs and attorney’s fees to prevailing plaintiffs.

Layman’s Terms Summary:

HB1013 ensures individuals in Arkansas have the right to access fertility treatments, such as IVF, egg preservation, and genetic testing, without legal or regulatory barriers. It also protects healthcare providers, insurers, and manufacturers involved in fertility services. The bill establishes clear legal protections and remedies for any violations of outlined rights.