The Trump administration proposed a rule to expand employers' ability to offer fertility benefits, as part of its effort to expand access to fertility treatments, including in vitro fertilization.
The Departments of Labor, Health and Human Services, and Treasury announced the proposed rule Sunday that would establish a new category of limited excepted benefits - the same category as dental and vision benefit coverage - to cover fertility.
Similar to dental and vision coverage, the proposed rule could exempt employer-sponsored fertility benefits from Affordable Care Act requirements and certain other federal healthcare coverage laws, according to the Department of Labor.
The employer-sponsored fertility benefits would have the same structural principles as other limited excepted benefits, under the proposed rule, including a lifetime benefit cap of $120,000 and notice requirements. The aim is to expand employers' offerings and lower the cost of fertility treatments, though the proposed rule does not entirely eliminate costs to the recipient.
This move aims to build on an executive order signed by President Donald Trump in February 2025 requesting policy recommendations on "protecting IVF access" and "aggressively reducing out-of-pocket and health plan costs for IVF treatment."
This measure comes at a time when the Republican Party and "Make America Healthy Again," or MAHA, movement enthusiasts have raised concerns about the birth rate hitting record lows in the US in recent years, and while states continue their push to curtail abortion access.
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