News & Analysis as of

Fertility Treatments

Goodwin

Changes to Birthright Citizenship and the Impact on Fertility and Assisted Reproduction Clinics

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On June 27, 2025, the Supreme Court of the United States issued a ruling in Trump v. Casa staying the injunctions previously blocking President Trump’s Executive Order concerning birthright citizenship as applied beyond the...more

Quarles & Brady LLP

HIPAA Reproductive Health Rule Vacated Nationally

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A federal judge in Texas has vacated almost all of the 2024 HIPAA Rule to Support Reproductive Health Care Privacy that created special protections for reproductive health care information, finding that the U.S. Department of...more

Seyfarth Shaw LLP

Time to Revisit Your HIPAA Documents After Reproductive Health Privacy Rule Vacated

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In the wake of a recent federal District Court decision, the reproductive health care HIPAA Privacy rules finalized during the Biden Administration have been vacated and plan sponsors should re-evaluate the language included...more

Ballard Spahr LLP

Court Vacates HIPAA Reproductive Information Privacy Regulations

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A federal district court has vacated a federal regulation under HIPAA that provided special restrictions on the disclosure of reproductive health information....more

Maynard Nexsen

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 233: Prioritizing Women’s Health Through Innovation with...

Maynard Nexsen on

Recorded at SCbio’s 2025 annual conference, hosts Heather and Lauren are joined by Lindsey Calcutt, an award-winning entrepreneur and the CEO and Co-Founder of Incora Health. Lindsey shares how the gap in women’s health...more

Akin Gump Strauss Hauer & Feld LLP

Expanding Access to In Vitro Fertilization (Trump EO Tracker)

This order makes it the policy of the Administration to ensure reliable access to IVF treatment, including by easing unnecessary statutory or regulatory burdens to make IVF treatment more affordable. Within 90 days of the...more

Bowditch & Dewey

The Massachusetts Parentage Act and the Automatic Genetic Material Restraining Order

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The new Massachusetts Parentage Act goes into effect in less than a month, on January 1, 2025. While much of the conversation has appropriately been around the changes it brings to laws for LGBTQ+ families, the bill also...more

Proskauer - Law and the Workplace

New York Releases Guidance on Paid Prenatal Leave Law Taking Effect January 1, 2025

The New York State Department of Labor (NYDOL) has issued informal guidance regarding the Paid Prenatal Leave benefit that will be available to New York employees beginning January 1, 2025.  The guidance includes general...more

Ballard Spahr LLP

Michigan Legislature Introduces Reproductive Health Privacy Bill

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On November 7, 2024, Michigan lawmakers in the Senate introduced the Reproductive Data Privacy Act (“RDPA”), also known as Senate Bill 1082 (SB 1082).  The bill aims to strengthen privacy protections for sensitive...more

DarrowEverett LLP

Surrogacy, Adoption and Beyond: Your Parental Rights in Rhode Island

DarrowEverett LLP on

As the holidays approach, family is at the forefront in many people’s minds. Families come in every variety of size, color, age, gender and chaos. Some families look like the Cleavers or the Cosbys. Others look more like the...more

Foley & Lardner LLP

Massachusetts Employees Will Be Entitled to Sick Leave for Reproductive Loss Events

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Beginning November 21, 2024, the Massachusetts Earned Sick Time Law will expand to include reproductive loss events experienced by an employee or their spouse as a qualifying reason for time off under the Commonwealth’s sick...more

Mintz - Employment Viewpoints

Fertility Related Loss To Be Covered Under the Massachusetts Earned Sick Time Act

Effective November 21, 2024, Massachusetts employees may take earned sick time to “address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences...more

Holland & Hart - Employers' Lawyers

Work Absences for Fertility Treatments: Does FMLA Cover Them?

Question: We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)?...more

Proskauer - Employee Benefits & Executive...

Recent Health Plan Litigation Puts Family Building Benefits in Focus

Family building benefits continue to be top of mind as employers and plan sponsors implement new benefit programs to support family building journeys for their employees. At the same time, there have been a few recent...more

Arnall Golden Gregory LLP

OIG Issues Split Decision: Travel Assistance Approved, Fertility Support Under Scrutiny

On July 22, 2024, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) issued Advisory Opinion 24-05, evaluating two manufacturer-sponsored assistance programs under the federal Anti-Kickback...more

ArentFox Schiff

Da Brat and The Latest (Rap) Battle: FDA Expected to Drop Sperm Donation Ban for Gay Men

ArentFox Schiff on

Under current US Food and Drug Administration (FDA) guidance, sexually active gay and bisexual men are prohibited from anonymously donating sperm. The FDA is expected to reverse this longstanding practice and adopt a system...more

K&L Gates LLP

Alabama Supreme Court's Ruling Regarding In Vitro Fertilization and Its Impact on Fertilization Treatment Services Locally and...

K&L Gates LLP on

On 16 February 2024, the Supreme Court of Alabama published its opinion, “Supreme Court of Alabama, SC-2022-0515,” regarding whether embryos located outside the biological uterus are considered unborn children pursuant to...more

Polsinelli

IVF Services Now Caught in the Crosshairs

Polsinelli on

Recent legal developments in Alabama demonstrate that fertility care stakeholders should prepare for additional state regulation of in vitro fertilization (“IVF”) and other assisted reproductive technology (“ART”) services in...more

Sheppard Mullin Richter & Hampton LLP

IVF Caught in the Crosshairs: The Aftermath of the LePage Decision

I. Alabama Legislation Following LePage - On March 7th, the Alabama Legislature passed SB159 (“SB159” or the “bill”), as a means of granting certain protections to IVF clinics and providers in the wake of the LePage v....more

Seyfarth Shaw LLP

Employers Consider Post-Dobbs Playbook in Dealing with Alabama Ruling on IVF Treatments

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Seyfarth Synopsis: Last week, the Alabama Supreme Court ruled that cryogenically frozen embryos are children and are protected from destruction under state law. This is the latest in a series of post-Dobbs judicial rulings...more

Morgan Lewis

Alabama Supreme Court Ruling on Frozen Embryos Raises Complex Questions for IVF and Fertility Industry

Morgan Lewis on

The Alabama Supreme Court recently ruled that frozen embryos, or “extrauterine children,” should be afforded the same legal protections as living children under a state wrongful death law....more

Epstein Becker & Green

In Alabama, Pre-Embryos are “Extrauterine Children” Under the State’s Wrongful Death Statute

Epstein Becker & Green on

On February 16, 2024, the Alabama Supreme Court issued an opinion in the consolidated cases LePage et al., v. The Center for Reproductive Medicine et al. and Burdick-Aysenne et al., v. The Center for Reproductive Medicine et...more

Goodwin

Alabama IVF Clinics: Potential Implications of the LePage Case

Goodwin on

On February 16, 2024, the Alabama Supreme Court issued a significant and controversial ruling that gave personhood status to unimplanted human embryos—a decision with considerable implications for in vitro fertilization...more

Fox Rothschild LLP

Alabama Court Rules that Embryos are “Children.”

Fox Rothschild LLP on

The decision was issued by the Alabama Supreme Court on February 16, 2024. The implications can be said to be national in scope as individual states step forward with their own interpretations of Dobbs v. Jackson Women’s...more

Mintz - Employment Viewpoints

Expanding Existing Bereavement Leave Policies to Account for Fertility Related Losses

Bereavement leave policies generally aim to provide employees with paid leave following the death of a family member. These policies, however, often fail to acknowledge the grief that employees experience upon a fertility...more

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