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Proposed RuleOpen for Comment2026-094792026-05-13

Excepted Fertility Benefits

Treasury Department, Internal Revenue Service, Labor Department, Employee Benefits Security Administration, Health and Human Services Department

Abstract

This document contains proposed rules that would amend the regulations regarding excepted benefits under the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, and the Public Health Service Act to establish certain fertility benefits as a new category of limited excepted benefits. Excepted benefits are generally exempt from the market requirements that were added to those laws by the Health Insurance Portability and Accountability Act, the Patient Protection and Affordable Care Act, the No Surprises Act, and certain other Federal laws specifically related to group health plans and group and individual health insurance coverage.

Action & Dates

Action
Proposed rules.
Dates
To be assured consideration, comments must be received at one of the addresses provided below, no later than July 13, 2026.

CFR References

Topics

Child supportEmployee benefit plansExcise taxesHealth careHealth insuranceInfants and childrenMaternal and child healthPenaltiesPensionsPrivacyReporting and recordkeeping requirements

Public Comment

Comments Close
2026-07-13 — Open for comment

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of the Treasury Internal Revenue Service 26 CFR Part 54 [REG-118484-25] RIN 1545-BS02 Department of Labor Employee Benefits Security Administration 29 CFR Part 2590 RIN 1210-AC40 Department of Health and Human Services 45 CFR Part 146 [CMS-9879-P] RIN 0938-AV94 ( printed page 27140) AGENCY: Internal Revenue Service, Department of the Treasury; Employee Benefits Security Administration, Department of Labor; Centers for Medicare & Medicaid Services, Department of Health and Human Services. ACTION: Proposed rules. SUMMARY: This document contains proposed rules that would amend the regulations regarding excepted benefits under the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, and the Public Health Service Act to establish certain fertility benefits as a new category of limited excepted benefits. Excepted benefits are generally exempt from the market requirements that were added to those laws by the Health Insurance Portability and Accountability Act, the Patient Protection and Affordable Care Act, the No Surprises Act, and certain other Federal laws specifically related to group health plans and group and individual health insurance coverage. DATES: To be assured consideration, comments must be received at one of the addresses provided below, no later than July 13, 2026. ADDRESSES: Written comments may be submitted to the address specified below. Any comment that is submitted will be shared with Treasury, Internal Revenue Service (IRS)

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Full Document

Citation: 91 FR 27140