PolicyBrief
S. 797
119th CongressFeb 27th 2025
Family Building FEHB Fairness Act
IN COMMITTEE

This act mandates that Federal Employees Health Benefits (FEHB) plans must cover a comprehensive range of fertility treatments, including preservation, assisted insemination, IVF, and related services.

Tammy Duckworth
D

Tammy Duckworth

Senator

IL

LEGISLATION

Federal Employee Health Plans Must Cover IVF and Fertility Treatments Under New 'Family Building' Mandate

The “Family Building FEHB Fairness Act” is straightforward: it mandates comprehensive fertility treatment coverage for all health insurance plans offered to federal employees through the Federal Employees Health Benefits (FEHB) program. If you’re a federal worker—whether you’re a park ranger, a software developer at the VA, or working in a regional field office—this is a significant expansion of your health benefits.

The Fertility Coverage Mandate: What’s Actually Covered

This isn't just about one procedure; the bill casts a wide net over what counts as covered “fertility treatment.” It explicitly includes expensive, often excluded services that can run into the tens of thousands of dollars. We're talking about in vitro fertilization (IVF) and other advanced reproductive technologies, as well as less invasive procedures like assisted insemination (IUI). For those planning ahead, the bill also mandates coverage for the preservation of eggs, sperm, or embryos—a critical benefit for people facing medical treatments like chemotherapy that can affect fertility. Furthermore, it covers genetic testing of embryos, all necessary fertility medications (both prescription and over-the-counter), and even services related to egg or sperm donation.

Essentially, if you are a federal employee struggling to build a family, the financial wall that currently blocks access to these treatments is supposed to come down. This is huge because, right now, many FEHB plans offer limited or no coverage for these services, forcing employees to pay out of pocket or forgo treatment entirely. The new coverage rules don't kick in immediately, though; the bill states they become effective one year after the Act becomes law, giving the Office of Personnel Management (OPM) and the insurance carriers time to adjust their contracts.

Who Pays and What’s the Catch?

The immediate beneficiaries are the millions of federal employees and their families who need these services. But mandating new, expensive benefits means someone has to absorb the cost. That falls squarely on the FEHB insurance carriers, who will now have to include these comprehensive services in their offerings. While this is a massive win for employees, it does introduce the possibility of higher premiums across the board for all FEHB enrollees, as the cost of the new mandate gets factored into plan pricing.

Another detail to watch is the role of the OPM Director. The bill gives OPM, in consultation with the Secretary of Health and Human Services, the authority to define what other related services, treatments, or lab work count as covered fertility care. This administrative discretion is important. Depending on how OPM interprets its mandate, they could either expand coverage even further or, conversely, create narrow definitions that lead to disputes over what is considered “medically appropriate” treatment, leaving some gray areas for employees to navigate.

For those working outside the federal system, this bill sets a new benchmark for comprehensive employee benefits. For federal workers, it modernizes the FEHB program by acknowledging that family building often requires medical intervention, making their benefits package more competitive and supportive of modern family needs.