Building on FAQs Part 72 released last fall, on May 10, the Departments of Labor, Treasury, and Health and Human Services announced proposed regulations outlining a path for employers to offer fertility coverage as a limited excepted benefit. 

What does this mean?

Employers could cover fertility-related expenses for employees without complying with the ACA

Last week, the Departments of Treasury, Health and Human Services, and Labor released Affordable Care Act FAQs Part 72, confirming that employers and other plan sponsors may offer fertility benefits through existing HIPAA “excepted benefit” structures.  The guidance does not announce new methods for plan sponsors to provide fertility benefits, but it does confirm