On October 16, 2025, the DOL, HHS, and Treasury (collectively, the departments) released new guidance in the form of FAQs regarding fertility benefit offerings. The guidance was issued in response to President Trump’s Executive Order 14216, "Expanding Access to In Vitro Fertilization," which called for recommendations to protect in vitro fertilization (IVF) access and reduce out-of-pocket and health plan costs for IVF treatment. Specifically, the FAQs clarify the types of “excepted benefits” em