Tri-Departments release fertility excepted benefits proposed rule

On May 10, the Departments of Labor, HHS, and Treasury (the Departments) issued a proposed rule that would create a new category of limited excepted benefits to allow employers to offer stand-alone fertility benefits to their employees, similar to dental, vision, and other supplemental coverage.

Benefits would be limited to fertility-related items and services for the diagnosis, mitigation, or treatment of infertility or infertility-related reproductive health conditions, provided by licensed or authorized medical professionals, and limited to a lifetime maximum of $120,000 per participant, together with their beneficiaries (indexed for medical inflation). The proposal follows a Feb. 2025 Executive Order that directed the Assistant to the President for Domestic Policy to submit a list of policy recommendations to protect access to IVF treatments and reduce costs. The Cigna Group will share feedback on the proposed rule with relevant trade associations by the July 13 deadline.