Applicability and preemption

(a) In general (1) General application (A) Effect on State law This title supersedes any State law that is inconsistent with the statutory rights established under this title and precludes the implementation of such a law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act. (B) Prohibition No State shall administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this title, notwithstanding any other provision of Federal law. (2) Exclusion Preemption of State law under paragraph (1) does not apply to— (A) State law regarding the resolution of disputes between 2 individuals with rights described in section 104(a)(1) with respect to the same reproductive genetic material, such as oocytes, sperm, fertilized eggs, and embryos; or (B) any other State law, to the extent that such law does not conflict with this title and protects an individual’s right and ability to receive ART or IUI in accordance with American Society for Reproductive Medicine guidelines, including any such law that holds a health care provider accountable for not providing ART or IUI in accordance with such guidelines. (3) Preservation of Federal public health authorities Nothing in this title shall have the effect of superseding, negating, or limiting provisions of Federal law, including the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the Public Health Service Act (42 U.S.C. 201 et seq.), and regulations promulgated under such statutes, with respect to the regulation of drugs, devices, biological products, human cells, tissues, or cellular or tissue-based products used in ART or IUI. (4) Preservation of HIPAA rules Nothing in this title shall have the effect of superseding, negating, or limiting the provisions of the privacy, security, and breach notification regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (5) Subsequently enacted Federal legislation Federal statutory law adopted after the date of the enactment of this Act is subject to this title unless such law explicitly excludes such application by reference to this title. (b) Defense In any cause of action against an individual or entity who is subject to a limitation or requirement that violates this title, in addition to the remedies specified in section 104(b), this title shall also apply to, and may be raised as a defense by, such an individual or entity.