California State Budget Delays Implementation of SB 729 Infertility Treatment Health Care Coverage

SACRAMENTO - On June 30, 2025, as part of the three party budget agreement, Assembly Bill 116 was signed by Governor Newsom. It includes a provision to delay the implementation of Senate Bill 729- Infertility Treatment Health Care Coverage, authored by Senator Caroline Menjivar (D-San Fernando Valley).

SB 729 mandates that large group health care plans provide coverage for infertility care, and to include IVF. As signed by the Governor in 2024, SB 729 was to take effect on July 1, 2025, but the California State Budget trailer bill delayed implementation to January 1, 2026.

“As someone who would have to rely on access to fertility treatments for my own family-building, I understand the disappointment with a delay of coverage,” said Senator Menjivar. “I know how frustrating another 6 months is, both emotionally and financially, for folks who are counting the days until they can welcome a child. Our state has never mandated infertility health care coverage, so I hope Californians can be patient with us a little longer as we get this right for its implementation now in January 2026. And remember, SB 729 is just one battle in our quest to expand fertility and infertility treatment coverage to even more aspiring parents!”

Individuals are still encouraged to check with their health plans directly, since SB 729 is specific to large group health care plans, and some employers have already elected to include this coverage. 

SB 729: 

• Requires large group health care plans in California, 100 or more employees, to provide coverage for fertility care, including coverage for in-vitro fertilization (IVF).
• Requires small group plans to offer coverage for infertility treatment, including IVF.
• Specifies 3 completed oocyte retrievals and unlimited embryo transfers.
• Will change the definition of infertility to be inclusive of the LGBTQ+ community and unpartnered individuals, as modeled after the American Society for Reproductive Medicine’s definition. 

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