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The bill claims on its face that it would protect IVF by stripping states that try to ban it of Medicaid funding. But the president of a top fertility advocacy group says it leaves the door wide open for states to regulate fertility technology in a way that could shut down access.that embryos are “extrauterine children” and their destruction—even by fertility clinics—could warrant wrongful death lawsuits. In the immediate aftermath, fertility clinics across the stateto protect IVF.
“The bill says that states can impose legislation on any health and safety concerns around the specifics of the IVF process, so it would be very easy for states to say ‘IVF is still legal but has to be done in a particular way,’ in a particular way that clinics can’t do,” Collura said, “but still adhere to the bill.” In fact, often enough, “people will say ‘we support IVF, it’s legal, but,’ and the part after the ‘but’ will make it very hard for our community.
But Cruz and Britt’s bill, specifically its language stripping states of Medicaid funding should they ban IVF, “doesn’t provide any real protection,” Collura said.
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