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National Law Review
National Law Review
7/1/2026
The original headline is: "Proposed Rules May Expand Access to Fertility Benefits, but Key Questions Remain"

The original headline is: "Proposed Rules May Expand Access to Fertility Benefits, but Key Questions Remain"

Original: Proposed Rules May Expand Access to Fertility Benefits, but Key Questions Remain

Short summary

Federal regulators proposed rules allowing employers to offer fertility benefits as a standalone, tax-advantaged benefit category, expanding access to up to $120,000 in lifetime coverage including IVF, counseling, and diagnostic services. The voluntary program exempts fertility benefits from complex ACA requirements if structured as 'excepted benefits.' Public comment closes July 13, 2026; rules take effect January 1, 2027 if finalized.

  • Proposed rules create 'excepted fertility benefits' category allowing standalone plans
  • Employers can offer up to $120,000 lifetime fertility benefit (indexed for inflation)
  • Public comment period closes July 13, 2026; effective January 1, 2027 if approved

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