Limited Excepted Fertility Benefits

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1210-New Fertility Benefits Supporting Statement 5.13.26.docx	Supporting Statement A	Uploaded 2026-05-13	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
280372	Notice of Eligibility	Other-Other	New

ICR Details

OMB Control No:	ICR Reference No: 202605-1210-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOL/EBSA	Agency Tracking No:
Title: Limited Excepted Fertility Benefits
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  Yes
Type of Review Request: Regular	Date Submitted to OIRA: 05/13/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	17,868,973	0
Time Burden (Hours)	270	0
Cost Burden (Dollars)	446,704	0

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Abstract: On February 18, 2025, Executive Order 14216 was issued to ensure reliable access to in vitro fertilization (IVF) and provide more affordable treatment options, recognizing both the medical necessity of infertility treatment for affected individuals and the broader importance of supporting American families in achieving their reproductive goals. This proposed rule would implement that approach by recognizing limited fertility benefits as “other similar, limited benefits” specified in regulations. Under the proposal, limited fertility benefits would include benefits substantially all of which are for the diagnosis, mitigation, or treatment of infertility or infertility-related reproductive health conditions by medical professionals authorized to practice under applicable law, including evidence-based items or services targeted to address such conditions. In the group market, such benefits would be excepted only if they are provided under a separate policy, certificate, or contract of insurance or are otherwise not an integral part of the plan, satisfy a lifetime dollar limit of $120,000 as adjusted for medical inflation, and are accompanied by a written notice to participants and beneficiaries. The notice would describe the coverage, including benefits and limitations, explain how to identify and use network providers if applicable, and explain how to submit claims for reimbursement. The Department of Health and Human Services also proposes to amend the individual market excepted benefits regulations to recognize limited fertility benefits as limited excepted benefits in the individual market if they are offered under a separate policy, certificate, or contract of insurance and satisfy the scope, lifetime dollar limit, and notice requirements. The proposed rule is intended to provide employers and issuers with additional flexibility to offer standalone fertility-related coverage, including coverage for services such as diagnostic testing, infertility treatment, and IVF, while reducing regulatory burden and promoting access to fertility benefits.

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Authorizing Statute(s): US Code: 29 USC 1191 Name of Law: ERISA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1210-AC40	Proposed rulemaking	91 FR 27140	05/13/2026

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 27140	05/13/2026
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Notice of Eligibility

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ICR Summary of Burden

table that charts list of burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	17,868,973	0	0	17,868,973	0	0
Annual Time Burden (Hours)	270	0	0	270	0	0
Annual Cost Burden (Dollars)	446,704	0	0	446,704	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new ICR.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  Yes

Description/Changes for Common Form Usage: 

Approved RCFs using this ICR

table that charts list of RCF

Agency/Sub Agency	RCF ID	RCF Title	RCF Status	IC Title

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/13/2026

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