Sarah Borders, CEBS March 6, 2025 2 min read

Executive Order to Expand Access to In Vitro Fertilization

On February 18, 2025, President Trump issued executive order 14216 directing the Assistant to the President for Domestic Policy to provide policy recommendations on improving access to IVF and “aggressively reducing out-of-pocket and health plan costs for IVF treatment.”

Who this applies to:

Employers of any size sponsoring a medical plan

Go Deeper:

While the executive order does not facilitate any changes yet, employers may want to consider budgeting for potential future IVF coverage rules. Nothing is known yet about the direction this could take, but some possibilities might include:

  • A possible coverage mandate
    • Approximately one quarter of plans offer coverage and often limit to one or two rounds of IVF
    • California recently passed a law mandating large group fully insured plans must cover three rounds of IVF, and fully insured small group carriers must offer IVF coverage for employers who want it, for plan years on/after July 1, 2025
  • Diagnosis and treatment of IVF possibly being deemed an essential health benefit (EHB), which would mean:
    • An annual or lifetime dollar limit could not apply
    • In-network cost-sharing would be subject to the in-network out-of-pocket limit
  • There may also be considerations for expanding what is reimbursable under flexible spending accounts (FSAs), health reimbursement arrangements (HRAs), and health savings accounts (HSAs).  We will be watching for further guidance.
avatar

Sarah Borders, CEBS

Principal, Benefits Compliance Solutions. Sarah has spent the last 15 years in the employee benefits industry, has numerous designations and serves on NAHU’s Employer Working Group Subcommittee and is an active board member of Austin AHU. She recently stepped down as Vice President of Benefits Compliance at one of the nation's largest brokerage firms to start her own compliance consulting practice. Her designations include an active license with the Texas Department of Insurance, CEBS (Certified Employee Benefits Specialist), Certified Health Care Reform Professional, HIPAA certification and Health Care Service Associate. She holds an MBA from Texas A&M Corpus Christi and a BA from University of Incarnate Word. Her consulting firm, Benefits Compliance Solutions, partners with employers to identify unknown risks and avoid hundreds of thousands of dollars in fines and lawsuits from failure to comply with their healthplan obligations.

COMMENTS