Excepted fertility benefits proposed rule for 2027
On May 10, 2026, federal agencies proposed a rule that would create a new category of limited excepted benefits for standalone fertility coverage, including IVF, effective for plan years beginning January 1, 2027. If finalized, employers could offer fertility benefits separately from their major medical plan with a $120,000 lifetime cap per participant, free from most ACA, MHPAEA, and No Surprises Act requirements. The public comment period closes 60 days after May 13, 2026, and employers should monitor for a final rule ahead of open enrollment season.
