Public Comment Opportunity
Proposed U.S. Federal Rule on Fertility Benefits
A proposed federal rule is currently open for public comment that could have important implications for access to fertility care in the United States, including restorative reproductive medicine, fertility awareness-based methods, and treatment of the underlying causes of infertility.
Comment deadline: Monday, July 13, 2026
The proposed rule – published May 13, 2026 by the Departments of Treasury, Labor, and HHS – would create a new category of “Excepted Fertility Benefits” allowing employers to offer fertility coverage separately from major medical insurance.
While much of the public discussion around fertility benefits has focused on IVF, the proposed rule also includes language relevant to diagnosis, mitigation, and treatment of infertility and infertility-related reproductive health conditions.
Key provisions include:
- Explicit inclusion of root-cause and restorative treatments, fertility awareness-based methods, pre-conception care, and lifestyle-based interventions
- Coverage for male factor infertility evaluation and treatment
- Comprehensive diagnostic testing including hormone panels, imaging, and surgical evaluation
- A $120,000 lifetime benefit per participant, indexed to medical inflation
View the full proposed rule here: https://www.federalregister.gov/d/2026-09479
IIRRM hosted informational meetings to review the proposed rule and help patients, clinicians, employers, organizations, and advocates understand the proposed rule and comment process. You can access the recording, and other resources through our resource page.
Submit a public comment
Comments may be submitted through the Federal Register portal below. Comments may also be submitted anonymously.
Proposed rule:
Excepted Fertility Benefits
File code: 1210-AC40
Note: Public comments are part of the federal rulemaking process and are generally posted publicly. Please do not include private medical or personal information that you do not want made public.