In 2024, California's legislature passed Senate Bill (SB) 729. As noted in our prior Compliance Corner article, SB 729 was originally scheduled to take effect on July 1, 2025. However, Gov. Newsom requested that the effective date be postponed to plans issued, amended, or renewed on or after January 1, 2026. Importantly, that delay was officially enacted through Assembly Bill (AB) 116, signed by Gov. Newsom on June 30, 2025, as part of the state's budget agreement.
SB 729 mandates that fully insured group health plans (or policies) provide coverage for infertility diagnosis and treatments, such as in vitro fertilization (IVF). This includes up to three oocyte retrievals and unlimited embryo transfers.
Under SB 729, large group plans are required to provide mandatory coverage for the services mentioned. However, small group plans (defined in California as those with 100 or less full-time equivalent employees) must offer participants the option to purchase infertility coverage as an additional benefit — rather than covering these by default.
Self-insured and level-funded ERISA plans may voluntarily comply with SB 729's mandates. Employers with plans governed by state laws should be aware of these mandates and can contact their carrier for further details.
Read the bills in full below: