It’s likely you know someone who struggles with infertility. Globally, nearly 1 in 6 couples deals with fertility issues. Despite myriad causes for infertility, couples’ options have remained limited to one primary solution: IVF and pharmaceuticals. Couples are stuck treating the symptoms, rather than the causes, of infertility. For the first time, a presidential administration is taking action, and you can play a crucial role in directing what approach it takes.
As part of the mission to “Make America Healthy Again,” the departments of Labor, Health and Human Services, and Treasury have now proposed a rule that would allow employers to voluntarily offer a fully customizable fertility benefit.
Part of the federal rule-making process includes an opportunity to submit a public comment. These comments give the American people an opportunity to chime in on the regulatory process by offering reasons in support of or against proposed rules. Because agencies are required to review every public comment, this is a great way to influence policy that will have a huge impact on access to fertility care.
Public comments are not limited to policy wonks. They are an opportunity for everyday Americans to have their voices heard.
The Excepted Fertility Benefits rule will help to restore the health of moms, babies, and families across the country. By including fertility benefits in an “excepted benefits” category—like dental or vision care—employers will be able to offer fertility care outside of their main health plan, with far fewer regulatory requirements. If implemented, the rule will make it far easier for employers to offer root cause fertility benefits.
In particular, Restorative Reproductive Medicine, which seeks to address the root causes behind infertility, such as endometriosis, hormonal imbalances, and male-factor infertility. And thanks to the Trump administration, RRM might become more accessible to everyday Americans. You can play a role in making it happen by submitting a federal comment.
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The flexibility of the rule presents an amazing opportunity to expand access to RRM. Allowing employers to opt into less invasive solutions focused on root causes reflects popular support: A March 2026 survey from Carrot found that 89% of women would prefer a less invasive option for treating infertility before other options.
RRM is less invasive because it seeks to treat the underlying causes of infertility—empowering couples not only to expand their families but also to lead healthier lives. Because RRM targets root causes, it genuinely treats infertility as opposed to bypassing it to create children in what is often a more expensive, painful, and less successful round of IVF. Moreover, some studies estimate that as many as 97% of all human embryos created in IVF don’t make it to a live birth. Many perish naturally, are indefinitely frozen, or are destroyed.
Not only is RRM less expensive and less invasive, but it is also more effective. On average, Americans pay between $15,000 and $25,000 for a single round of IVF. Despite the exorbitant cost, the total IVF live birth rate in the U.S. is 31.9% per cycle, according to the Centers for Disease Control and Prevention. By contrast, RRM costs an estimated $2,000 to $5000 per course. In one of the largest studied cohorts to use RRM, 62.1% of couples took home a baby after a median duration of 10.9 months of treatment. The demand for RRM is there; what is missing is access.
This rule presents an opportunity to change that, and public engagement is crucial. While the world of federal rulemaking often feels insulated from the concerns of everyday Americans, it doesn’t have to be this way. The federal government can and should conduct its rulemaking with the health and well-being of families in mind.
Your comment is your chance to be heard. You can urge the departments to define infertility as a medical condition of the body; to explicitly include RRM and root-cause diagnostic care among what employers can cover; to encourage diagnosis and restorative treatment first; to protect the conscience rights of faith-based employers and employees; and to advance commonsense, pro-life protections that honor families and unborn babies.
Heritage Action for America has prepared a sample comment that can be used as a template or submitted as is—it appears once you input your information here. You can submit your comment to the federal government on or before July 13, 2026.
By doing so, you can promote more options for families who are struggling with infertility, in pursuit of a simple goal: healthier moms, healthier babies, and stronger families.
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