Has anyone been denied IVF because of BMI?

Going into my third IUI cycle, first two failed. My husband has a lower sperm count but not low enough to be severe male infertility. When we first started with our RE in June, I weighed a little over 300 lbs and am now down to 260. Basically, our RE sucks but I’m on an HMO and it covers everything. His communication and bedside manner are awful but IVF success rates are awesome. When we first met, he told me to lose 30 lbs and wanted me to go on a shake diet to do so. At the time, I had recently changed PCP, and was doing Keto successfully and starting to see results. But I understood his point about meds reaching my ovaries, and lost 40 lbs a healthy way over 4 months. Throughout this whole process, we have rarely seen our RE, but we have messaged him to make sure if the third IUI fails, we will move onto IVF. He always thought we would need IVF and have to do so many IUIs to diagnose as unexplained infertility for insurance purposes.

I’m now reading online that some drs. will deny IVF treatment if your BMI isn’t under 35. Trying to get some clarification from our dr. I’m currently 30 lbs away from that and wondering if anyone has had that experience? Don’t know why he would tell me to only lose 30 lbs if I really need to lose 70. Also, how is that even legal to discriminate and deny treatment based on BMI alone? Just feeling the need to vent. Feeling all the unfairness of this process and hoping for some good news and positivity.