Trump Administration proposes rule to expand access to fertility benefits with new legal pathway for employers to offer benefits directly to employees
WASHINGTON – The U.S. departments of Labor, Health and Human Services, and Treasury announced a proposed rule that would create a new category of limited excepted benefits to further expand the ability of employers to offer meaningful fertility benefits to their employees. The proposed rule is a central component of the Trump administration’s efforts to expand American families’ access to fertility benefits. It builds upon President Trump’s Executive Order “Expanding Access to In Vitro Fertilization,” which announced that it is the policy of the administration to ensure reliable and affordable access to in vitro fertilization to support American families.“Under President Trump’s leadership, we are delivering on our promises to the American worker and their families,” said Acting Secretary of Labor Keith Sonderling. “President Trump is committed to expanding access to fertility benefits so that more American families can have children, building on his longstanding efforts to support family formation and stability. The Department of Labor is proud to have led this important initiative on behalf of the President and his administration.” “The decline in birth rates is a serious challenge for our nation,” said HHS Secretary Robert F. Kennedy Jr. “Under President Trump’s leadership, this rule expands access to fertility care and gives more Americans a real path to starting and growing their families. I appreciate my colleagues at the Departments of Labor and Treasury as we work together to deliver on this critical issue.”This proposal addresses employers’ sparse coverage of fertility-related treatments for the American worker and increases benefit options by easing statutory and regulatory burdens to make IVF and other fertility treatments more affordable. Though most workers of reproductive age receive healthcare coverage through their jobs, the majority do not have robust fertility coverage. The proposed rule would establish a new category of limited excepted benefits. Excepted benefits are generally exempt from the market reforms under the Affordable Care Act and certain other federal health care coverage laws. This new category would apply limiting principles similar to those already in place for other limited excepted benefits. The proposed rule sets a few main requirements for the benefits: Substantially all of the benefits must be for diagnosis, mitigation, or treatment of infertility or related reproductive health conditions.Benefits are capped at a combined lifetime maximum of up to $120,000 for the participant and their beneficiaries, indexed for inflation for plan years starting after 2028.Employers must provide a notice that clearly describes the coverage and meets other specified requirements.Comments are due 60 days from its publication in the Federal Register. Read the notice of proposed rulemaking on limited excepted fertility benefits.