EBSA-2026-0232-0001, The Heritage Foundation

Summary: The commenter writes in strong support of the proposed rule to establish excepted fertility benefits, emphasizing that fertility care should focus on diagnosing and treating the root causes of infertility (restorative reproductive medicine) rather than just bypassing them through IVF. They argue for a pathology-based definition of infertility and request that the final rule explicitly include and prioritize restorative care options.