On May 2, 2025, Gov. Glenn Youngkin signed HB 1609, which directs the Commonwealth’s Health Insurance Reform Commission to consider adding coverage for the diagnosis and treatment of infertility, as well as other services related to fertility care, to Virginia’s essential health benefits benchmark plan. Notably, the General Assembly rejected an amendment proposed by the governor that would have added a conscience clause to exempt employers with religious or moral objections from any coverage requirement recommended by the commission.
While the legislation does not mandate coverage for any particular services, it signals Virginia’s interest in expanding access to fertility care, including IVF. Small-market employers with health insurance policies in Virginia should monitor developments as the commission undertakes its review.