California lawmakers are facing a decision to delay the implementation of a new law mandating insurance coverage for in vitro fertilization (IVF) treatments. Governor Gavin Newsom has requested a postponement of the law, originally set to take effect on July 1, to January 2026. This delay has left patients, insurers, and employers in a state of uncertainty.
The law, known as SB 729, requires state-regulated health plans offered by large employers to cover infertility diagnosis and treatment, including IVF. Approximately nine million people would qualify for coverage under this law, making it a significant step forward for Californians, including same-sex couples and aspiring single parents. However, concerns about the cost of implementing the mandate have limited its reach.
Individuals who had been planning fertility treatments based on the original timeline are now facing challenges due to the delay. Alise Powell, a director at Resolve: The National Infertility Association, expressed concerns about the financial strain and emotional distress that patients may experience as a result of the postponement.
IVF treatments can be costly, with a single cycle totaling around $25,000. The California law mandates insurers to cover up to three egg retrievals and an unlimited number of embryo transfers, providing much-needed financial assistance to those seeking fertility treatments.
The proposed delay in implementation may not affect all individuals immediately. Those whose employer contracts renew in January would not be impacted by the delay, as most employers subject to the law renew their contracts at the beginning of the year. However, individuals enrolled in plans with renewal dates after July would have to wait until at least July 2026 to access IVF coverage.
The decision to delay the implementation of the IVF mandate comes at a time when fertility coverage is receiving increased national attention. California is now one of 15 states with an IVF mandate, and President Donald Trump recently signed an executive order aimed at expanding access to IVF treatments.
While some have raised concerns about the need for additional guidance on specific services not addressed in the law, others argue that the delay is unnecessary. Lawmakers are expected to vote on the delay before the end of June, with potential immediate enforcement if the delay is approved.
Despite the uncertainty surrounding the implementation of the IVF mandate, insurers like Kaiser Permanente have already begun informing employers about the new benefit. However, the lack of clarity on the start date has left some employers and fertility care providers grappling with how to proceed.
The delay has caused frustration for individuals like Ana Rios, who had been eagerly anticipating the new law to help with their fertility treatments. The lack of clarity on eligibility and start dates has led some patients to seek treatment options outside of the country due to the uncertainty.
As the decision on the delay looms, individuals and stakeholders in the fertility care industry are left waiting for a resolution that will impact their access to much-needed IVF coverage. The California Association of Health Plans and other key players are closely monitoring the situation as they await further guidance on the implementation of the IVF mandate.