Data / Federal rules / 2026-09479
Excepted Fertility Benefits
The Health and Human Services Department published this proposed rule in the Federal Register on May 13, 2026. Comments closed on July 13, 2026.
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What the agency says
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.
Key facts
- Document number
- 2026-09479
- Type
- Proposed rule
- Action
- Proposed rules
- Agency
- Treasury Department; Internal Revenue Service; Labor Department; Employee Benefits Security Administration; Health and Human Services Department
- Published
- May 13, 2026
- Comments due
- July 13, 2026
- Dates
- To be assured consideration, comments must be received at one of the addresses provided below, no later than July 13, 2026.
- Docket
- REG-118484-25; CMS-9879-P
- Regulation ID (RIN)
- 0938-AV94; 1210-AC40; 1545-BS02
- Code of Federal Regulations
- 26 CFR 54; 29 CFR 2590; 45 CFR 146
- Topics
- Child support; Employee benefit plans; Excise taxes; Health care; Health insurance; Infants and children; Maternal and child health; Penalties; Pensions; Privacy; Reporting and recordkeeping requirements
- Pages
- 34
Other documents from the Health and Human Services Department
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Read from the Federal Register API, last updated 2026-10-24. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.