Can Fertility Benefits Qualify as Excepted Benefits?
On October 16, 2025, the Departments of Treasury, Labor, and Health and Human Services jointly released FAQs About Affordable Care Act Implementation Part 72, clarifying how employers may offer fertility benefits as HIPAA excepted benefits under existing federal regulations. The agencies also announced their intent to pursue future rulemaking to create additional pathways for offering fertility coverage as excepted benefits — including possible revisions to the rules governing supplemental excepted benefits. (more…)
