Providing IVF benefits may become more complicated as threats to the procedure abound

IVF providers and patients in Alabama were thrown into chaos in February after the state’s supreme court ruled that frozen embryos were considered humans, making their destruction a crime. At least two clinics in the state stopped performing IVF procedures, and many women traveled out of the state to get their treatments, according to multiple news reports.

“We saw some benefits providers that offered transport for embryos across state lines actually halting that offering, as they were looking into legality,” said Kayla Velnoskey, director of research for Gartner’s HR practice.

The panic subsided after Alabama’s governor signed a law protecting IVF providers and patients from any legal liability stemming from the court’s ruling. However, there’ve been multiple efforts across the country to limit or end IVF, and some worry that there will be more initiatives when Republicans take control of all three branches of government next year. This month, two House Republicans, Matt Rosendale and Josh Brecheen, asked leaders in the House and Senate Armed Services committees not to expand IVF coverage to more members of the military. And in September, Republican Senators blocked a bill that would have created a nationwide right to IVF. Iowa and Colorado failed to pass laws similar to the one in Alabama, though there is a comparable bill on hold in Florida.

This is happening even though Donald Trump declared himself “the Father of IVF” and said he thinks the pricey procedure should be covered by insurance, though he offered no specifics of how any plan would work or be financed. Estimates for the cost of a single IVF cycle range from $15,000 to over $30,000, according to the US Department of Health & Human Services. The agency said it takes an average of 2.5 cycles to become pregnant so achieving that result could easily cost over $40,000. Employers are increasingly offering their workers fertility benefits, including IVF, according to a study by Mercer. Nearly half of large employers covered IVF this year, up from 45% in 2023.

A question popping up is whether IVF benefits will follow the same trajectory as abortion benefits after Roe v. Wade was overturned by the US Supreme Court in 2022. That ruling paved the way for many states to either outlaw or severely curtail access to abortion. Some employers jumped into action, adjusting their benefits so workers who couldn’t get an abortion in their home state could travel elsewhere for the procedure.

“We’re in a period of a lot of uncertainty. We don’t know what future legislation might be coming with an upcoming change in administration and how that might impact these benefits offerings,” Velnoske said. “What we do know from previous state-level legislation is that legislation in this space can often be very complex to interpret.”

Codeword, a remote-first communication design agency, moved quickly after Roe v. Wade was overturned to ensure its employees had access to abortion, said Alli Ray, the company’s chief of staff. Codeword offers up to $4,000 annually to employees for “travel related to medical care”and up to $15,000 for employees who want to move out of states where their healthcare needs cannot be met.

Ray said the company is watching what happens with IVF legislation. “When something major happens, our team is able to kind of quickly assess the situation and figure out how to make quick updates to the plan,” Ray said.

Velnoskey said there are steps employers can take proactively to prepare for any changes to IVF access. For example, she said HR professionals should communicate with both their benefits providers and legal team to understand what their policies cover, what might need to change, and where service disruption is likely. Supplemental insurance or expanded networks may be necessary to provide the care.

Employers are also examining their mental health benefits to ensure they can meet workers’ needs. Velnoskey said employers want to establish that “[they’re] helping employees process some of the complex emotions that might be related to feeling so much uncertainty in this space.”