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New California Law Covering Infertility: SB 729 Takes Effect

New California Law Covering Infertility: SB 729 Takes Effect

Jan 13, 2026, 2 Minute Read

California Senate Bill 729 (SB 729), signed into law by Governor Gavin Newsom on September 29, 2024, requires fully insured large group health plans (covering 101 or more employees) to provide coverage for the diagnosis and treatment of infertility, including in vitro fertilization (IVF). The original effective date of July 1, 2025, was delayed to January 1, 2026, by AB 116, allowing insurance carriers and employers additional time to update benefits, systems, and communications for compliance.

What to Expect in 2026:

Beginning January 1, 2026, SB 729 infertility coverage applies to both large and small group health plans issued, amended, or renewed on or after that date. SB 729 broadens the definition of infertility to be more inclusive, recognizing individuals and couples—regardless of sexual orientation or marital status—who are unable to conceive without medical intervention. The law includes coverage for up to three completed oocyte retrievals and unlimited medically appropriate embryo transfers, and it prohibits health plans from imposing more restrictive conditions or limitations on fertility services than those applied to other covered medical services, promoting more equitable access.

Impact to Small Group Market:

For small group health plans (covering 100 or fewer employees), the law requires carriers to offer the option to include infertility and fertility services coverage. Employers are not required to purchase this coverage; they may choose whether to include it based on their benefit strategy and budget. Small group carriers have taken different approaches to offering infertility benefits. Some carriers offer plan designs with and without infertility coverage, allowing employees to choose between plan options. Other carriers offer infertility coverage as an optional benefit that, if elected by the employer, applies to all enrolled employees. In general, plans that include infertility coverage may have a modest rate load compared to the same carrier’s comparable plans without infertility; the actual impact will vary by carrier and specific plan design.

Carrier Resources:

Blue Shield SB 729 FAQ

Health Net Infertility Benefits 2026

  • In our library, you’ll find carrier forms, applications, enrollment kits, broker bonuses, marketing resources, and more (video tutorial). However, not all carrier forms are available online.

    If you don’t find what you are looking for, contact our team for help at 800.696.4543 or materialsrequest@claremontcompanies.com.