"[T]his guidance clarifies the existing categories of excepted benefits employers can use to offer fertility benefits, including the categories of independent, noncoordinated excepted benefits and limited excepted benefits. Furthermore, the Departments intend to propose notice and comment rulemaking to provide additional ways that certain fertility benefits may be offered as a limited excepted benefit, if certain conditions are met.

• Q1: May an employer offer fertility benefits as an independent, noncoordinated excepted benefit? Yes....
• Q2: If an employer offers a traditional group health plan and a specified disease or illness policy that covers fertility benefits, must participants and beneficiaries enroll in the employer's traditional group health plan in order for the specified disease or illness policy to qualify as an excepted benefit? No....
• Q3: Can specified disease or illness coverage, such as coverage only for infertility, be self-funded by the employer and qualify as an independent, noncoordinated excepted benefit? No....
• Q4: Would an individual who is enrolled in fertility benefit coverage provided as an independent, noncoordinated excepted benefit be permitted to contribute to a health savings account (HSA)? Yes....
• Q5: Under existing regulations, may an employer plan sponsor offer an excepted benefit HRA that reimburses an employee's out-of-pocket costs with respect to fertility benefits? Yes....
• Q6: May an employer offer benefits for coaching and navigator services to help employees and their dependents understand their fertility options under an EAP that qualifies as a limited excepted benefit? Yes."

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"U.S. Secretary of Labor Lori Chavez-DeRemer today joined President Trump at the White House as the President announced the third most-favored-nation agreement, which will result in significant cost savings on fertility treatments. On the heels of the President's announcement, the [DOL], joined by the Departments of Health and Human Services and Treasury, issued guidance designed to cut burdensome red tape, helping employers understand how to structure health benefits to expand access to fertility treatments like In Vitro Fertilization or IVF."  MORE >>