On May 13, 2026, the U.S. Departments of Labor, Health and Human Services, and the Treasury (the Departments) issued a proposed rule that would create a new category of limited excepted benefits that employers can use to offer fertility benefits. The proposed rule builds on Executive Order 14216 and the Departments’ October 2025 guidance, which clarified that employers may offer fertility benefits through three existing excepted benefit pathways: a fully insured independent, non-coordinated excepted benefit policy; an excepted benefit HRA; and an employee assistance program offering coaching and navigator services.
