The Trump administration proposed a rule May 10 that would allow employers to offer fertility benefits, including in-vitro fertilization (IVF), directly to workers through a new category of health coverage exempt from some Affordable Care Act requirements.
The proposed regulation would create a new category of “limited excepted benefits” aimed at expanding access to fertility treatments for employees whose workplace health plans provide limited coverage.
The proposal is part of President Donald Trump’s broader push to expand access to fertility care following his executive order earlier this year declaring his administration supports “reliable and affordable access” to IVF.
Leaders in the pro-life movement have spoken out consistently against Trump’s promotion of IVF. The Catholic Church condemns the controversial practice, which routinely leads to the deaths of newly conceived unborn children.
>> Virginia bishop decries Trump’s executive order that promotes in vitro fertilization <<
Acting Labor Secretary Keith Sonderling said in a statement released with the proposal that Trump is helping deliver on the administration’s “promises to the American worker and their families.”
“President Trump is committed to expanding access to fertility benefits so that more American families can have children,” Sonderling said, “building on his longstanding efforts to support family formation and stability.”
Health and Human Services Secretary Robert F. Kennedy Jr. represents one solution to the nation’s birth rate decline.
“The decline in birth rates is a serious challenge for our nation,” Kennedy said. “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.”
Under the proposed rule, employers could offer fertility benefits outside of traditional major medical coverage if the benefits primarily cover the “diagnosis, mitigation, or treatment of infertility or related reproductive health conditions.”
The benefits would carry a combined lifetime cap of $120,000 for workers and their beneficiaries, with the limit indexed to inflation starting in 2029. Employers also would be required to provide notices explaining the coverage.
The administration said the proposal is intended to simplify coverage rules and encourage employers to offer IVF and other fertility-related treatments that are often not fully covered by employer-sponsored insurance plans.