North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S383 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 383
	3	+	S D
	4	+	SENATE BILL DRS45034-MGa-38A
	5	+
5	6
6	7
7	8		Short Title: Right to IVF. (Public)
8	9		Sponsors: Senators Bradley, Grafstein, and Everitt (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 24, 2025~~
11		-	~~S383 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS45034 -MGa-38A
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT PROTECTING THE RIGHT TO ACCESS ASSISTED REPRODUCTIVE 2
14	15		TECHNOLOGY; AND APPROPRIATING FUNDS TO THE DEPARTMENT OF 3
15	16		HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH BENEFITS, TO 4
16	17		INCREASE FUNDING FOR MEDICAID MATERNAL SUPPORT SERVICES. 5
17	18		The General Assembly of North Carolina enacts: 6
18	19		7
19	20		PART I. RIGHT TO ACCESS ASSISTED REPRODUCTIVE TECHNOLOGY 8
20	21		SECTION 1. Chapter 90 of the General Statutes is amended by adding a new Article 9
21	22		to read: 10
22	23		"Article 1O. 11
23	24		"Assisted Reproductive Technology. 12
24	25		"§ 90-21.160. Definitions. 13
25	26		The following definitions apply in this Article: 14
26	27		(1) Assisted reproductive technology. – All treatments or procedures that include 15
27	28		the handling of human oocytes or human embryos, including in vitro 16
28	29		fertilization, gamete intrafallopian transfer, and zygote intrafallopian transfer. 17
29	30		(2) Health care provider. – Either of the following: 18
30	31		a. An individual who is licensed, certified, or otherwise authorized under 19
31	32		this Chapter to provide health care services in the ordinary course of 20
32	33		business or practice of a profession or in an approved education or 21
33	34		training program. 22
34	35		b. A health care facility licensed under Chapter 131E of the General 23
35	36		Statutes to provide health care services to patients. 24
36	37		The term "health care provider" includes (i) an agent or employee of a 25
37	38		health care facility that is licensed, certified, or otherwise authorized to 26
38	39		provide health care services, (ii) the officers and directors of a health care 27
39	40		facility, and (iii) an agent or employee of a health care provider who is 28
40	41		licensed, certified, or otherwise authorized to provide health care services. 29
41	42		(3) Health care service. – A health or medical procedure or service rendered by a 30
42	43		health care provider that meets either of the following criteria: 31
43	44		a. Provides testing, diagnosis, or treatment of a health condition, illness, 32
44	45		injury, or disease. 33
45	46		b. Dispenses drugs, medical devices, medical appliances, or medical 34
46	47		goods for the treatment of a health condition, illness, injury, or disease. 35
47		-	"§ 90-21.162. Right to access assisted reproductive technology. 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 383-First Edition
	48	+	"§ 90-21.162. Right to access assisted reproductive technology. 36
	49	+	FILED SENATE
	50	+	Mar 20, 2025
	51	+	S.B. 383
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS45034-MGa-38A
49	54		Neither the State nor any of its political subdivisions shall prohibit, unreasonably limit, or 1
50	55		interfere with any of the following: 2
51	56		(1) The right of a patient to access assisted reproductive technology. 3
52	57		(2) The right of a health care provider to provide or assist with the provision of 4
53	58		evidence-based information related to assisted reproductive technology. 5
54	59		(3) The right of a health care provider to perform or assist with the performance 6
55	60		of assisted reproductive technology. 7
56	61		"§ 90-21.164. Fertilized human egg or human embryo not a human being. 8
57	62		A fertilized human egg or human embryo that exists in any form outside of the uterus of a 9
58	63		human body shall not, under any circumstance, be considered an unborn fetus, an unborn child, 10
59	64		a minor child, a natural person, or any other term that connotes a human being for any purpose 11
60	65		under State law. 12
61	66		"§ 90-21.166. Construction. 13
62	67		Nothing in this Article shall be construed to prohibit the enforcement of health and safety 14
63	68		laws related to the operation of health care facilities or the provision of health care services by 15
64	69		health care providers." 16
65	70		17
66	71		PART II. INCREASE FUNDING FOR MEDICAID MATERNAL SUPPORT SERVICES 18
67	72		SECTION 2. Effective July 1, 2025, there is appropriated from the General Fund to 19
68	73		the Department of Health and Human Services, Division of Health Benefits, the sum of five 20
69	74		hundred thousand dollars ($500,000) in recurring funds for each year of the 2025-2027 fiscal 21
70	75		biennium to be used to increase funding for Medicaid maternal support services, also known as 22
71	76		the Baby Love Program. These funds shall provide a State match for nine hundred thirteen 23
72	77		thousand dollars ($913,000) in recurring federal funds for each year of the 2025-2027 fiscal 24
73	78		biennium, and those federal funds are appropriated to the Division of Health Benefits to be used 25
74	79		for this same purpose. 26
75	80		27
76	81		PART III. EFFECTIVE DATE 28
77	82		SECTION 3. Except as otherwise provided, this act is effective when it becomes 29
78	83		law. 30