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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

	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

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.

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

Citations for New Statutory Requirements: None

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

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

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

IC Title	Form No.	Form Name
Notice of Eligibility

ICR Summary of Burden

	Total Request	Change Due to Agency Discretion
Annual Number of Responses	17,868,973	17,868,973
Annual Time Burden (Hours)	270	270
Annual Cost Burden (Dollars)	446,704	446,704

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.

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

Agency Contact: James Butikofer 202 693-8434 Butikofer.James@dol.gov

Common Form ICR: Yes
Description/Changes for Common Form Usage:

Approved RCFs using this ICR

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

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