The Center for Reproductive Rights submitted a comment opposing the Excepted Fertility Benefits proposed rule issued jointly by the Departments of Health and Human Services, Labor, and Treasury. The comment discusses the significant flaws of the rule, which fails to mandate insurance coverage for IVF and instead would establish a framework allowing employers to segregate coverage of fertility into a supplemental insurance plan with a limited scope of coverage. The comment called for the Departments to withdraw the proposed rule and instead require coverage of comprehensive fertility care, including IVF, across ACA marketplace plans and all public health insurance plans, including Medicaid and Medicare.   

Submitted: 7/13/2026