The Trump administration is moving to make fertility treatment, including in vitro fertilization, more accessible and affordable by creating a new way for employers to offer fertility benefits to workers.

The proposal, announced by the Departments of Treasury, Labor, and Health and Human Services, follows President Donald Trump’s Executive Order 14216, “Expanding Access to In Vitro Fertilization,” which he signed on Monday. The order declared that it is the policy of the administration to ensure reliable access to IVF treatment and to reduce unnecessary legal and regulatory barriers that can make fertility care more expensive.

Under the new proposal, employers would be allowed to offer fertility benefits as a separate “limited excepted benefit,” similar in concept to standalone dental or vision coverage. That means employees could potentially sign up for fertility coverage even if they are not enrolled in their employer’s main health insurance plan.

The change could be especially helpful for workers who receive their regular medical coverage elsewhere, such as through a spouse, but still want access to fertility benefits through their own employer. It could also give employers more flexibility to offer fertility coverage without having to include it only as part of a full major medical plan.

Tzedek, which has strongly advocated for expanded access to fertility care, played a major role in pushing for this action. The organization was also invited to the White House for the executive order signing, where Mrs. Weiss, Tzedek’s Infertility Policy Advisor and daughter of Sholom Mordechai Rubashkin, stood behind President Donald Trump as he signed the order.

The proposed benefit could cover a wide range of fertility-related care, including diagnosis, counseling, medications, surgical treatment, IVF, non-IVF fertility services, and treatment of underlying infertility-related medical conditions. The proposal would allow coverage up to a combined lifetime limit of $120,000 for the participant and covered beneficiaries, with inflation adjustments beginning after 2028.

For employers, the proposal could reduce regulatory burdens because excepted benefits are generally not subject to many of the same federal health coverage requirements that apply to major medical plans, including certain requirements under HIPAA, the Affordable Care Act, the No Surprises Act, and related laws. Supporters say that could make it easier for businesses to offer fertility benefits as part of their employee benefit packages.

For workers, the proposal could lower out-of-pocket costs for expensive fertility treatments, particularly IVF, which can cost tens of thousands of dollars per cycle. The Federal Register notice for Trump’s IVF order noted that IVF treatment can range from $12,000 to $25,000 per cycle.

The rule would also require plans and insurers to provide workers with a clear notice explaining what is covered, what limits apply, how to access providers, and how claims are handled. Federal officials said public comments on the proposal are due 60 days after publication in the Federal Register.

The proposal is not yet final, but if adopted, it would mark a significant shift in how fertility benefits can be offered in the workplace, giving employers a new option to help employees struggling with infertility and seeking to build families.

(YWN World Headquarters – NYC)