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Adds fertility treatment and care to the list of essential health benefits and sets rules for how private individual and small-group insurance plans that cover fertility care must treat those benefits. Plans that offer fertility services must apply the same cost‑sharing and treatment limits as other medical and surgical benefits, may not deny benefits for lack of an infertility diagnosis, and must provide issuer analyses and government reporting about utilization management of fertility benefits.
Amends section 1302(b) of the Affordable Care Act to add "Fertility treatment and care" as a new essential health benefit subparagraph (K).
Defines "fertility treatment and care" for purposes of the new essential health benefit to include: preservation of oocytes, sperm, or embryos; artificial insemination (intravaginal, intracervical, intrauterine); assisted reproductive technology (including in vitro fertilization and other procedures where reproductive genetic material is handled); genetic testing of embryos; fertility medications; gamete donation; and other fertility-related information, referrals, treatments, procedures, medications, lab testing, technologies, and services the Secretary determines appropriate.
As part of the assisted reproductive technology definition, plans must cover at least 3 complete oocyte retrievals and an unlimited number of embryo transfers from those retrievals (regardless of when the retrievals occurred), in accordance with American Society for Reproductive Medicine guidelines, and use single embryo transfer when recommended and medically appropriate.
Adds new section 2730 to the Public Health Service Act requiring that for individual and small group market coverage that provides both medical/surgical benefits and fertility benefits, financial requirements (cost-sharing) for fertility benefits must not be more restrictive than the predominant financial requirements applied to substantially all medical and surgical benefits, and there may be no separate cost-sharing rules that apply only to fertility benefits.
Under the same new section 2730, treatment limitations for fertility benefits must not be more restrictive than the predominant treatment limitations applied to substantially all medical and surgical benefits, and there may be no separate treatment limitations that apply only to fertility benefits.
Who is affected and how:
People seeking fertility treatment (including users of assisted reproductive technology) will have expanded protections when their individual or small‑group plan covers fertility care: they cannot be denied coverage just because they lack a formal infertility diagnosis, and cost‑sharing and limits must be no less favorable than for other medical/surgical benefits. This increases access for single people, same‑sex couples, and others excluded by traditional infertility definitions.
Health insurance issuers and plan administrators offering fertility benefits in the individual and small‑group markets will face new regulatory requirements: they must align cost‑sharing and quantitative limits with other medical benefits, change policies that deny coverage for lack of diagnosis, and perform analyses and submit reports on utilization management. These obligations will create administrative work and compliance costs.
Employers that sponsor small‑group plans will be affected if their plans offer fertility coverage, because plan designs and member communications may need revision; large‑group and self‑insured employer plans are not explicitly covered by this provision as described.
Consumers may see modest premium changes if expanded coverage and reduced utilization controls raise costs, though effects will vary by market, state rules, and how issuers set premiums. Increased transparency from issuer reporting could inform regulators and policymakers about barriers and utilization trends.
Health equity: the rule reduces categorical barriers tied to infertility diagnoses, helping populations historically less likely to meet standard infertility criteria (including some racial/ethnic groups, LGBTQ+ individuals, and single prospective parents).
Legal/regulatory interplay: state benefit mandates, existing essential health benefit baselines, and ERISA-covered plans could affect how the change is implemented; regulators will need to issue guidance on scope and compliance.
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Referred to the House Committee on Energy and Commerce.
Introduced May 19, 2025 by Lauren Underwood · Last progress May 19, 2025
Referred to the House Committee on Energy and Commerce.
Introduced in House