Not yet. HB 328, approved on April 22, 2026 as Chapter 1048, directs Virginia's Bureau of Insurance to select a new essential health benefits benchmark plan for the 2028 plan year, or the first later year federal regulators permit, covering infertility diagnosis and treatment, fertility preservation and up to three lifetime cycles of assisted reproductive technology. The coverage takes effect only after CMS approves that benchmark, so as of October 2026 no IVF coverage requirement is in force.
| Year | Step | What it does |
|---|---|---|
| 2025 | Chapter 689 (HB 1609) | Directed the Health Insurance Reform Commission to consider infertility diagnosis and treatment, standard fertility preservation and transfer of a donated embryo in its benchmark review; did not itself mandate coverage |
| 2026 | Chapter 1048 (HB 328), approved April 22, 2026 | Requires a new benchmark plan covering infertility diagnosis and treatment, including iatrogenic infertility and fertility preservation, and up to three lifetime ART cycles |
| 2028 or later | New benchmark plan year | The earliest plan year named; a later year if CMS does not permit 2028 |
| Condition | CMS approval | The coverage requirements take effect only after CMS approves the new benchmark plan |
Sources: Code of Virginia, LIS; Virginia Mercury (May 2025); PolicyRisk and BillTrack50, accessed October 2026.
When the Governor signed the 2025 law, he called it an interim step toward possible future infertility coverage. The 2026 law is the next step, but it still depends on federal approval.
Which types of plans the new benchmark will reach could not be confirmed: the official text of HB 328 was not reviewed for this page, and a bill-tracker summary is unclear on this point. Check the enrolled text or ask the Bureau of Insurance.
If you are trying now, HB 328 does not change your benefits yet. Whatever your current plan says about infertility is what applies until the new benchmark is approved and in effect. State mandates do not apply to self-insured employer plans, which cover 67% of workers with employer coverage (as of 2025), and no federal law requires a plan to cover infertility treatment. As a general rule, that limit applies to any state mandate.
The 2028 date is the earliest possible start and depends on CMS. Confirm the status with the Virginia Bureau of Insurance and your insurer before counting on it.
HB 328 counts assisted reproduction in lifetime cycles. Map to the Positive's treatment ladder also thinks in cycles: IVF for 1 to 3 cycles before reassessing, after simpler steps such as ovulation induction and IUI when they are indicated. Before any cycle, covered or not, the book suggests asking your specialist:
The treatment ladder is Chapter 34 of Map to the Positive and the questions before IVF close Chapter 35, both in Station IV. Together they help you use every cycle well, whether you pay for it yourself or your plan does.
Take 30 days. If it does not give you more clarity than everything you have read for free so far, ask for a refund and you get every cent back. We cannot promise you a pregnancy. We can promise you will not be guessing.
References: VA HB328 (2026): Health insurance; essential health benefits benchmark plan selection (PolicyRisk) (accessed 2026-10-30) · Virginia HB328 (2026) bill detail (BillTrack50) (accessed 2026-10-30) · 2025 Acts of Assembly, Chapter 689: An Act to direct the Health Insurance Reform Commission to consider coverage for infertility treatment (Code of Virginia, LIS) (accessed 2026-10-30) · Youngkin's signature sets stage for Virginia health insurance to cover IVF treatment in the future (Virginia Mercury) (2025-05) · Does the ACA require infertility treatment to be covered by health insurance? (healthinsurance.org) (2026-06-18)