Read the full stored bill text
Wisconsin Legislature: AB1110: Bill Text
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB1110: Bill Text
Up
Up
2025 - 2026 LEGISLATURE
LRB-6196/1
SWB&EKL:emw
2025 ASSEMBLY BILL 1110
March 13, 2026 - Introduced by Representatives
Emerson
,
Sinicki
,
Miresse
,
Bare
,
Joers
,
Taylor
,
Andraca
,
Clancy
,
Neubauer
,
DeSmidt
,
Palmeri
,
Goodwin
and
Madison
, cosponsored by Senators
Roys
,
Ratcliff
,
Hesselbein
,
Spreitzer
and
Larson
. Referred to Committee on Health, Aging and Long-Term Care.
AB1110,1,4
1
An Act
to create
49.45 (30t), 49.46 (2) (b) 17m., 253.18, 609.756 and 632.895
2
(15h) of the statutes;
relating to:
fertility treatment rights, reimbursement of
3
fertility treatments under the Medical Assistance program, and requiring
4
insurance coverage for fertility treatments.
Analysis by the Legislative Reference Bureau
Fertility treatment rights
This bill establishes statutory fertility treatment rights for individuals, health care providers, health insurance issuers, and manufacturers. Under the bill, individuals have a statutory right to, in accordance with widely accepted and evidence-based medical standards of care, receive fertility treatment from a health care provider; continue or complete an ongoing fertility treatment previously initiated by a health care provider; make decisions and arrangements regarding the donation, testing, use, storage, or disposition of reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos; and establish contractual agreements with a health care provider relating to the health care provider’s services in handling, testing, storing, shipping, and disposing of the individual’s reproductive genetic material.
The bill also provides that a health care provider has a statutory right, in accordance with widely accepted and evidence-based medical standards of care, to provide, or assist with the provision of, fertility treatment; continue or complete the provision of, or assistance with, fertility treatment that was lawful when commenced; provide for, or assist with, the testing, use, storage, or disposition of reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos; and establish contractual agreements with individuals or manufacturers relating to the health care provider’s services in handling, testing, storing, shipping, and disposing of the individual’s reproductive genetic material.
Under the bill, a health insurance issuer has a statutory right to cover the provision of fertility treatment provided in accordance with widely accepted and evidence-based medical standards of care, and a manufacturer of a drug or device that is approved, cleared, authorized, or licensed or otherwise legally marketed and intended for use in the provision of fertility treatment, including the storage or transport of oocytes, gametes, fertilized eggs, and embryos, has a statutory right under the bill, without prohibition, limitation, interference, or impediment, to manufacture, import, market, sell, and distribute that drug or device.
The bill provides that the attorney general may commence a civil action or proceeding on behalf of any person in the state whose rights are adversely affected by an alleged violation of the provisions of the bill. Under the bill, an individual or entity adversely affected by an alleged violation may commence a civil action, and a health care provider may commence a civil action for relief on behalf of the provider, the provider’s staff, or the provider’s patients who are or may be adversely affected by an alleged violation.
Insurance coverage and Medical Assistance
The bill requires health insurance policies and self-insured governmental health plans that provide coverage for obstetrics to also provide coverage for fertility treatments that are determined by the covered individual’s health care provider to be appropriate and are performed at, or prescribed by, a medical facility that is in compliance with applicable state and federal standards. Under the bill, coverage of fertility treatments must be provided regardless of whether the individual has been diagnosed with infertility, and the coverage may only be subject to cost sharing and limitations that apply generally under the policy or plan to other medical services. The bill requires the policy or plan to provide written notice to each insured or enrollee regarding the coverage.
The bill prohibits a policy or plan from providing an incentive to encourage an individual not to seek or obtain covered fertility treatment or an incentive to induce health care providers not to provide medically appropriate fertility treatments. The bill also prohibits a policy or plan from reducing reimbursements to, or otherwise penalizing, health care providers who provide or discuss fertility treatments with individuals covered under the policy or plan.
The bill also requires the Department of Health Services to request any necessary waiver of federal Medicaid law or amendment to the state Medical Assistance plan to allow Medical Assistance reimbursement for those fertility treatments for which insurance coverage is required under the bill. The Medical Assistance program is a joint state and federal program that provides health services to individuals who have limited financial resources.
This proposal may contain a health insurance mandate requiring a social and financial impact report under s. 601.423, stats.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1110,1
1
Section
1
.
49.45 (30t) of the statutes is created to read:
AB1110,2,4
2
49.45
(30t)
Fertility treatments.
(a) Subject to par. (b), fertility treatment
3
under s. 49.46 (2) (b) 17m. provided to an individual are reimbursable under the
4
Medical Assistance program.
AB1110,2,11
5
(b) If the department determines that it is unable to implement par. (a)
6
without a state plan amendment or waiver of federal law, the department shall
7
submit to the federal department of health and human services any state plan
8
amendment or waiver of federal law necessary to implement par. (a). The
9
department may not pay reimbursement under par. (a) unless any necessary
10
amendment or waiver allowing reimbursement under s. 49.46 (2) (b) 17m. is
11
approved and in effect or no amendment or waiver is required.
AB1110,2
12
Section
2
.
49.46 (2) (b) 17m. of the statutes is created to read:
AB1110,2,14
13
49.46
(2)
(b) 17m. Subject to s. 49.45 (30t), fertility treatments for which
14
coverage is required under s. 632.895 (15h).
AB1110,3
15
Section
3
.
253.18 of the statutes is created to read:
AB1110,2,16
16
253.18
Fertility treatment.
(1)
Definitions.
In this section:
AB1110,2,17
17
(a) “Fertility treatment” includes all of the following:
AB1110,2,19
18
1. Preservation of human oocytes, sperm, or embryos for later reproductive
19
use.
AB1110,3,2
1
2. Artificial insemination, including intravaginal insemination, intracervical
2
insemination, and intrauterine insemination.
AB1110,3,5
3
3. Assisted reproductive technology, including in vitro fertilization and other
4
treatments or procedures in which reproductive genetic material, such as oocytes,
5
sperm, fertilized eggs, and embryos, are handled, when clinically appropriate.
AB1110,3,6
6
4. Genetic testing of embryos.
AB1110,3,8
7
5. Medications prescribed or obtained over-the-counter, as indicated for
8
fertility.
AB1110,3,9
9
6. Gamete donation.
AB1110,3,12
10
7. Such other information, referrals, treatments, procedures, medications,
11
laboratory testing, technologies, and services relating to fertility as the federal
12
secretary of health and human services determines appropriate.
AB1110,3,16
13
(b) “Health care provider” means any entity or individual, including any
14
physician, nurse practitioner, physician assistant, pharmacist, health care support
15
personnel, clinical staff, and any other individual, as determined by the
16
department, that meets the following criteria:
AB1110,3,19
17
1. Is engaged or seeks to engage in the delivery of fertility treatment,
18
including through the provision of evidence-based information, counseling,
19
referrals, or items and services that relate to, aid in, or provide fertility treatment.
AB1110,3,23
20
2. If required, is licensed, certified, or otherwise authorized or would be so
21
licensed, certified, or otherwise authorized but for the fact that the individual or
22
entity has provided, is providing, or plans to provide fertility treatment in
23
accordance with sub. (2).
AB1110,4,2
1
(c) “Health insurance issuer” has the meaning given in section 2791 (b) of the
2
Public Health Service Act,
42 USC 300gg-9
1 (b) (2).
AB1110,4,5
3
(d) “Manufacturer” means the manufacturer of a drug or device approved,
4
cleared, authorized, or licensed under
21 USC 355
,
360
(k),
360c
(f) (2), or
360e
or
42
5
USC 262
, or otherwise legally marketed.
AB1110,4,8
6
(e) “Widely accepted and evidence-based medical standards of care” means
7
any medical services, procedures, and practices that are in accordance with the
8
guidelines of the American Society for Reproductive Medicine.
AB1110,4,11
9
(2)
Fertility treatment rights.
(a)
Individual rights.
An individual has a
10
statutory right under this section, without prohibition, limitation, interference, or
11
impediment, to do any of the following:
AB1110,4,13
12
1. Receive fertility treatment from a health care provider in accordance with
13
widely accepted and evidence-based medical standards of care.
AB1110,4,16
14
2. Continue or complete an ongoing fertility treatment previously initiated by
15
a health care provider in accordance with widely accepted and evidence-based
16
medical standards of care.
AB1110,4,19
17
3. Make decisions and arrangements regarding the donation, testing, use,
18
storage, or disposition of reproductive genetic material, such as oocytes, sperm,
19
fertilized eggs, and embryos.
AB1110,4,23
20
4. Establish contractual agreements with a health care provider relating to
21
the health care provider’s services in handling, testing, storing, shipping, and
22
disposing of the individual’s reproductive genetic material in accordance with
23
widely accepted and evidence-based medical standards of care.
AB1110,5,2
24
(b)
Health care provider rights
.
A health care provider has a statutory right
1
under this section, without prohibition, limitation, interference, or impediment, to
2
all of the following:
AB1110,5,4
3
1. Provide, or assist with the provision of, fertility treatment provided in
4
accordance with widely accepted and evidence-based medical standards of care.
AB1110,5,7
5
2. Continue or complete the provision of, or assistance with, fertility
6
treatment that was lawful when commenced and is provided in accordance with
7
widely accepted and evidence-based medical standards of care.
AB1110,5,10
8
3. Provide for, or assist with, the testing, use, storage, or disposition of
9
reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos,
10
in accordance with widely accepted and evidence-based medical standards of care.
AB1110,5,13
11
4. Establish contractual agreements with individuals or manufacturers
12
relating to the health care provider’s services in handling, testing, storing,
13
shipping, and disposing of the individual’s reproductive genetic material.
AB1110,5,17
14
(c)
Health insurance issuer rights.
A health insurance issuer has a statutory
15
right under this section, without prohibition, limitation, interference, or
16
impediment, to cover the provision of fertility treatment provided in accordance
17
with widely accepted and evidence-based medical standards of care.
AB1110,5,24
18
(d)
Manufacturer rights
. A manufacturer of a drug or device that is approved,
19
cleared, authorized, or licensed under
21 USC 355
,
360
(k),
360c
(f) (2), or
360e
or
42
20
USC 262
or otherwise legally marketed and intended for use in the provision of
21
fertility treatment, including the storage or transport of oocytes, gametes, fertilized
22
eggs, and embryos, has a statutory right under this section, without prohibition,
23
limitation, interference, or impediment to manufacture, import, market, sell, and
24
distribute such drug or device.
AB1110,6,3
1
(e)
Enforcement and private right of action
. 1. The attorney general may
2
commence a civil action or proceeding on behalf of any person in this state whose
3
rights are adversely affected by an alleged violation of pars. (a) to (d).
AB1110,6,5
4
2. An individual or entity adversely affected by an alleged violation of pars. (a)
5
to (d) may commence a civil action for a violation under pars. (a) to (d).
Down
Down
/2025/related/proposals/ab1110
true
proposaltext
/2025/related/proposals/ab1110
proposaltext/2025/REG/AB1110
proposaltext/2025/REG/AB1110
section
true
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB1110: Bill Text
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting