About the Family Act Bill

Updated: 5/13/2013

Tax Credit Bill for Infertility Treatments re-introduced in the U.S. Senate and U.S. House of Representatives

A bill to create a tax credit for the out-of-pocket costs associated with infertility medical treatment (IVF) and fertility preservation was re-introduced in the U.S. Senate by Senator Kirsten Gillibrand (NY) and in the U.S. House of Representatives by Congressman John Lewis (GA) in May, 2013. Aptly named the Family Act, S 881/HR 1851 will potentially help thousands of people seek medical treatment that otherwise would be out of reach for them. RESOLVE supports this bill and needs your help getting this bill passed and made into a law. 

Key provisions of the Family Act House and Senate bill:

• The Family Act covers the out-of-pocket costs associated with in vitro fertilization (IVF) including medical procedures, prescription medications, professional charges, the transfer of an embryo and other necessary costs.
• The Family Act covers the out-of-pocket costs of fertility preservation procedures if the man or woman is diagnosed with cancer and the cancer treatment or disease itself may result in infertility.
• The credit amount available to eligible taxpayers is approximately $12,000, which is available in part or in whole on an annual basis until the taxpayers reaches the aggregated limit of $12,000. Eligible taxpayers may carry the credit forward for five years.
• Eligible taxpayers may claim the credit for up to one-half of their expenses, so there is a 50/50 cost share inherent in the credit. For example, a person who spends $10,000 on infertility treatments will be eligible for a $5,000 tax credit.
• If you do not owe taxes in a particular year, do not owe enough taxes to use the whole credit, or do not reach the max amount in one tax year, it carries over to the next year for a max of five years after the first year you use the credit. 
• The credit is available to taxpayers that have an adjusted gross income of approximately less than $189,000 and phases out for those whose income reach $229,000.
• Eligible taxpayers are not allowed to take the credit if the taxpayer received any federal funds for the treatment. A taxpayer cannot combine this tax credit with any other deductions or credit in the code that might cover infertility treatments and the credit cannot be used for any amount that is covered by/reimbursed by health insurance.
  

Read our Frequently Asked Questions about the Tax Credit Bill. Get the latest information about this Bill's status here.

How does a bill become law?

DONATE Now!
We need your financial support to fight for the rights of women and men who living with infertility.  Your donations will help RESOLVE to pass The Family Act of 2013, protect current insurance mandates at the state level, to stop legislation that would negatively impact access to infertility treatment, ensure the continuation of the Adoption Tax Credit is expanded to help more families, and be the public voice that fights for the rights of those diagnosed with infertility. Donations to RESOLVE are tax-deductible to the extent allowed by U.S. Law.

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