Trump's New Fertility Rule: How to Access Federal Benefit to Save on IVF
President Donald Trump’s administration announced a new proposed federal rule Monday that would allow employers to offer stand‑alone fertility benefits, including coverage for in vitro fertilization, outside traditional health insurance plans, creating a new category of "limited excepted benefits."
The rule is designed to give employers a separate, optional pathway to cover fertility treatments, which are often excluded from standard health plans. Under the regulation, employers may offer a stand‑alone fertility plan similar to dental or vision coverage.
Dr. Mehmet Oz, the administrator of the Centers for Medicare & Medicaid Services, said that private companies were “taking advantage” of available treatments. “As services get better, we make them more affordable, we’ll have more Trump babies.”
Health and Human Services Secretary Robert F. Kennedy Jr. said Monday that the United States is facing a "fertility crisis," noting that male fertility rates are now lower than they were in the 1970s. He cited declining sperm counts as evidence of what he called a generational public‑health problem.
What To Know
The administration first previewed the fertility‑benefit plan last fall and said in October that it had reached an agreement with a drugmaker to lower the cost of fertility medications. Officials said the new rule, combined with the pricing deal, is intended to reduce out‑of‑pocket expenses for families seeking IVF and other treatments.
Under the regulation, workers could enroll even if their primary health insurance does not include fertility benefits. A lifetime cap of $120,000 would apply per participant and would be indexed for inflation after 2028.
Administration officials said the change is aimed at expanding access to fertility care at a time when U.S. birth rates remain near historic lows.
The general fertility rate fell 3 percent in 2023 to 54.5 births per 1,000 women ages 15–44, continuing a years‑long slide, according to the CDC's National Center for Health Statistics. Provisional 2024 data show only a slight uptick, and the total fertility rate remains near historic lows at about 1.63 births per woman, well below the replacement level of 2.1. Associated Press reporting also notes that the 2024 fertility rate dipped to roughly 1.6, the lowest on record
Supporters said during the press briefing on Monday that reducing regulatory barriers could prompt more employers to add fertility benefits, potentially reshaping workplace family‑policy offerings and influencing hiring and retention. The proposal arrives as states pursue their own family‑policy changes, including Indiana's recent expansion of paid parental leave to foster parents.
Together, the federal IVF rule and state‑level initiatives highlight the fragmented landscape of U.S. family benefits, where access varies widely depending on geography, employer, and sector.
The broader patchwork underscores ongoing challenges for workers-particularly women, who make up a majority of the labor force-as they navigate family planning, childcare, and uneven leave policies across the country.
How To Access Benefits
The proposed fertility‑benefits rule would give workers access to the new coverage only if their employer chooses to offer it under a newly created category of "limited excepted benefits."
Under the proposal, employers could provide stand‑alone fertility plans-separate from traditional health insurance-that cover diagnosis and treatment of infertility with a lifetime cap of up to $120,000, indexed for inflation after 2028.
The current proposal is open for public comment for 60 days before it can be finalized. If passed, workers would have to select the coverage from the benefits provided by employers.
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This story was originally published May 11, 2026 at 1:15 PM.