• A new proposed rule from the U.S. Department of Labor (DOL), U.S. Department of Health and Human Services (HHS), and U.S. Department of the Treasury would allow employers to provide coverage for fertility treatments as a limited excepted benefit.
• Employees would be able to enroll in excepted benefit fertility coverage without having to enroll in the employer’s group health plan.
• This excepted benefit coverage would apply only to the diagnosis and treatment of medical infertility or related conditions.
• Comments on the proposed rule are due July 13, 2026.

Businesses would be permitted to offer fertility coverage as a limited excepted benefit, similar to the standalone dental and vision coverage that some employers offer, according to the proposed rule, which was issued by the U.S. Department of Labor, the U.S. Department of Health and Human Services, and the U.S. Department of the Treasury. Limited excepted benefits are not subject to requirements such as the Affordable Care Act (ACA) rules on annual and lifetime dollar limits and preventive services, the portability rules under the Health Insurance Portability and Accountability Act (HIPAA), and the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA).

To qualify as an excepted benefit, the fertility coverage would have to be either provided under a separate policy, certificate, or contract of insurance, or not be “an integral part of a plan,” such as a self-insured plan. For this purpose, “not an integral part...

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