April

FPA response to the President’s Executive Order on IVF

IVF FLORIDA supports the recent correspondence from the Fertility Providers Alliance (FPA) to the President in response to the February Executive Order on IVF. We support the recommendations for agency action and proposed legislation in four categories: Protecting Access to IVF; Increasing Awareness of IVF; Increasing Access to IVF; and Increasing Affordability of IVF. The full letter from the FPA is pasted below:

By email
President Donald J. Trump
1600 Pennsylvania Avenue
NW Washington DC 20500

Re: Executive Order: Expanding Access to In Vitro Fertilization

Dear President Trump,

On behalf of the Fertility Providers Alliance (FPA), an organization committed to supporting fertility care providers, enhancing patient care, and helping patients build their own families, we are writing to provide enthusiastic support for the recent Executive Order: Expanding Access to In Vitro Fertilization (the “IVF EO”).

FPA Wishes to be a Resource to the Domestic Policy Council

We commend your Administration's interest in this issue and agree whole-heartedly with the President’s statements in the IVF EO that Americans need reliable, affordable access to IVF. We support the Administration in its goal to provide support, awareness, and access to affordable fertility treatments and are eager to collaborate with you to develop and ensure the successful implementation of policies that will achieve those goals.

The US currently has the best IVF success rates in the world because of our current access to care and technology. That is due to many factors but primarily because of the favorable regulatory climate. We look forward to working with the Administration on policies that build on this success.

As an initial matter, we would respectfully suggest the following policy goals for your consideration:

Protecting Access to IVF

Agency Action – Health and Human Services
FPA suggests that you require the Secretary of the Department of Health and Human Services to, consistent with applicable law, take all appropriate actions to promote access to infertility treatment, including IVF, and standard fertility preservation services, including by issuing regulatory and sub- regulatory actions, which may involve the following laws, programs, issues, or documents:

• Medicare or Medicaid conditions of participation or conditions for coverage (i.e., requiring IVF treatment and services to be part of each state’s Medicaid coverage).
• Promulgate regulatory and sub-regulatory guidance specifically stating that physician consultation in connection with infertility treatment and fertility preservation may be performed via telemedicine.
• Update Affordable Care Act Essential Health Benefits (EHB) requirements to include fertility services by defining the existing EHB for maternity and newborn care to include infertility treatment, including IVF, and standard fertility preservation services.
• Remove any regulatory prohibition on issuers (i.e., insurance companies that issue plans available on the ACA marketplace) and allow states to add infertility treatment, including IVF, and standard fertility preservation services as an EHB by updating their EHB-benchmark plans.
• Revise EHB prescription drug benefit requirements to include medications associated with infertility treatment and fertility preservation.

Agency Action – Tort Reform
FPA suggests that you require the Department of Justice to convene State Governors and Attorneys General to coordinate efforts and develop tort reform initiatives to discourage or eliminate fertility services-specific causes of action that are duplicative of existing state law causes of action (such as those for personal injury, professional liability, and negligence).

Recommended Legislation – Right of Access to Fertility Treatments
FPA suggests that you encourage Congress to introduce and enact legislation that provides a statutory right to access infertility treatment, including IVF, and standard fertility preservation services.

Recommended Legislation - ERISA
FPA suggests that you encourage Congress to introduce and enact legislation that requires private insurers that cover obstetrical services to also cover infertility treatment, including IVF, and standard fertility preservation services.

Increasing Awareness of IVF

Agency Action – Health and Human Services
FPA suggests that you require the Secretary of the Department of Health and Human Services to develop and publish resources on the topic of infertility treatment, including IVF, and fertility preservation, such as developing a “Featured Topic Site” on the HHS website.

Increasing Access to IVF

Agency Action – Health and Human Services
FPA suggests that you encourage Congress to introduce and enact legislation to address the growing need for reproductive endocrinologists (REIs) and embryologists through creation of a health workforce grant program at the Health Resources and Services Administration (HRSA).

Agency Action – Health and Human Services
FPA suggests that you encourage the Congress to introduce and enact legislation to incentivize and support the creation of new residency tracks to train REIs and embryologists at academic medical centers and universities nationwide, especially those that commit to sending health professionals to practice at least part time in under-and-unserved areas.

Increasing Affordability of IVF

Agency Action – Department of Defense
FPA suggests that you require the Department of Defense to review the scope of TRICARE coverage for infertility treatment, including IVF, and standard fertility preservation services, and to direct TRICARE to provide reimbursement for infertility treatment, including IVF, and standard fertility preservation services. Currently, TRICARE only covers IVF services when they are provided within a limited number of Military Treatment Facilities.¹ FPA urges you to require the Department of Defense to expand coverage for IVF services to include services provided outside of an MTF, and to amend the TRICARE provider handbook to include infertility treatment, including IVF, and standard fertility preservation services for covered persons, their partners and third-party donors (if applicable).

Agency Action – Department of Health and Human Services
FPA suggests that you require the Department of Health and Human Services to review the scope of coverage for infertility treatment, including IVF, and standard fertility preservation services under the Medicare and in particular the Medicaid program, and to direct CMS to provide coverage for infertility treatment, including IVF, and standard fertility preservation services under Medicare and Medicaid.

Agency Action – Office of Personnel Management
FPA suggests that you require the Director of the Office of Personnel Management to include provisions in the Federal Employee Health Benefits (FEHB) and Postal Service Health Benefits (PSHB) programs call letter for the 2026 Plan Year specifying that eligible carriers, including the Foreign Service Benefit Plan, to provide coverage for infertility treatment, including IVF, and standard fertility preservation services to covered persons, partners and third-party donors (if applicable).

Agency Action – Secretary of Veterans Affairs
FPA suggests that you direct the Secretary of Veterans Affairs to provide coverage for infertility treatment, including IVF, and standard fertility preservation services to covered persons, partners and third-party donors (if applicable).

Recommended Legislation – Internal Revenue Service
FPA suggests that you encourage Congress to introduce and enact legislation to amend the Internal Revenue Code of 1986 to establish a tax credit for in vitro fertilization expenses. We also suggest that you encourage Congress to amend the Internal Revenue Code of 1986 to establish a tax credit for assisted reproductive technology expenses up to $20,000 and to expand eligibility for health savings accounts and increase the current contribution limits.

Millions of Americans have used fertility services, including IVF, to build their families. We appreciate the President and this administration’s highlighting the importance of these services, and in particular appreciate your work in developing policy initiatives to support access, awareness and affordability of infertility treatment, including IVF, and standard fertility preservation services.

On behalf of healthcare providers dedicated to helping Americans achieve their dreams of parenthood, we thank you for your leadership and commitment to expanding access to fertility treatments.

Members of our Board of Directors would appreciate an opportunity to discuss these policies with the leadership of the Domestic Policy Council. We can be reached through our Executive Director, Ross Weber, at (847)-264-5924 and ross@wjweiser.com to identify a time to meet in Washington or in a venue of the Domestic Policy Council’s choice.

 

 

¹ IVF Services are provided only at the following Military Treatment Facilities: Fort Sam Brooke Army Medical Center (San Antonio, TX); Tripler Army Medical Center (Honolulu, HI); Walter Reed National Military Medical Center (Bethesda, MD); Womack Army Medical Center (Ft. Bragg, NC); Naval Medical Center (San Diego, CA); and Madigan Army Medical Center (Tacoma, WA).

By Administrator at 24 Apr 2025