California’s new fertility law SB 729: What employers need to know

Starting July 2025, California’s Senate Bill 729 (SB 729) will require many employers to make significant changes to their health benefit plans, ushering in a new era for employer-covered infertility and fertility services. For HR leaders and benefits decision-makers with employees in California, understanding the implications of this law is essential not just for compliance but for remaining competitive in attracting and retaining top talent.

Here’s a breakdown of what SB 729 entails, who it affects, and how employers can prepare.

What is California’s SB729 bill, and why does it matter?

SB 729 is a fertility mandate that expands insurance coverage for infertility and fertility services in California. It requires fully insured large group health care service plans to cover in vitro fertilization (IVF), along with other core fertility services.

Importantly, the bill broadens what has traditionally been a narrow and outdated definition of infertility, often based solely on a heterosexual couple’s inability to conceive after 12 months of consistent, unprotected sexual intercourse. Under SB 729, infertility is recognized as a condition or status that can be diagnosed based on a licensed physician’s findings, taking into account a patient’s medical, sexual, and reproductive history, physical findings, and diagnostic testing. The definition also includes a person’s inability to reproduce, either alone or with a partner, without medical intervention. This shift expands access to infertility services for LGBTQIA+ couples and single people.

The law also includes non-discrimination provisions for LGBTQIA+ individuals, single parents, and people of all ages, making fertility benefits in the state more inclusive than ever before.

Further, the bill requires small group plans to include at least one option with infertility coverage for employers to consider, allowing smaller employers to opt in to these benefits.

This progressive legislation is significant, not only because of what it mandates, but because of what it signals: fertility care is no longer a luxury benefit—it’s a healthcare standard.

Key provisions for employers: Large vs. small group

Large group employers (101+ employees)

If you operate a fully insured large group plan in California, here's what you'll need to cover under any plans issued, amended or renewed on or after July 1, 2025:

• Diagnosis and treatment of infertility
• In vitro fertilization treatment, including up to 3 completed egg retrievals and unlimited embryo transfers
• Fertility medications required for these procedures
• Inclusive access, with no discrimination based on age, race, gender identity, marital status, or sexual orientation

Small group employers (1–100 employees)

Smaller organizations are not required to offer the fertility benefits described above by default. However, insurers must provide at least one small group plan that includes coverage for infertility diagnosis and treatment of infertility and fertility services.

This gives small businesses the option to select and offer coverage for fertility services to their employees, while also providing an opportunity for them to stand out in a competitive job market.

What SB 729 requires—and what it leaves out

While SB 729 sets a new standard for financial coverage of fertility treatments, it doesn’t cover many of the holistic, wraparound services that contribute to a successful fertility journey. Employers should consider complementary support to provide a more holistic experience for those undergoing infertility treatment or using assisted reproductive technologies to expand their families.

What’s required:

• IVF coverage: At least 3 completed egg retrievals and unlimited embryo transfers
• Fertility medications
• Diagnostic testing to establish infertility and infertility treatment
• Non-discriminatory access for all employees

What’s not covered:

• Mental health support during fertility treatment
• 24/7 access to specialists, like OB-GYNs and reproductive endocrinologists, and care coaches that help employees navigate treatments and supports
• Support for those building their families through adoption and surrogacy
• Nutrition and lifestyle support to help some employees conceive without treatment
• Holistic support through pregnancy, parenting, and beyond 
• Real-time analytics or digital tools for employers

Beyond California: Current and predicted state fertility laws

As of 2025, 22 states and the District of Columbia have laws requiring some level of infertility insurance coverage. Among these, 15 states mandate coverage for IVF, though the specifics vary. 

While California's SB 729 is among the most comprehensive, other states are also taking steps to ensure employers provide coverage for infertility and fertility services:

• Montana: Legislation (H.B. 565) has been introduced to require health insurance companies to cover IVF treatment
• New York: Already mandates coverage for up to three IVF cycles for large-group policies and has expanded definitions of infertility to be more inclusive 
• Colorado: Requires large-group plans to cover infertility diagnosis and treatment, including IVF and fertility preservation services, with cost-sharing comparable to other medical services

For employers with a multi-state workforce, keeping track of evolving fertility mandates is essential to ensuring compliance, providing comprehensive health care coverage, and remaining competitive in attracting talent.

Exceeding SB 729’s requirements with Maven

Offering compliant coverage is one thing. Adopting a whole-person approach to supporting your employees on their paths to parenthood is another. That’s where working with a partner like Maven can make a meaningful difference.

1. Augmenting carrier plans with holistic support

While insurance carriers may meet the minimum SB 729 requirements, Maven can:

• Fill gaps in mental health, nutrition, and care navigation, which are not covered by most traditional health insurance policies and go above and beyond statutory provisions. 33% of Maven members report that they can better manage their depression and anxiety, and up to 21% report improved mental health.
• Offer on-demand support from fertility specialists, OB-GYNs, mental health providers, and reproductive endocrinologists, enhancing member experience and improving outcomes for California employees.
• Provide care and coaching for those looking to build their families through adoption and surrogacy, offering family-building support that extends beyond fertility treatments. 

2. Managing cost and complexity

Employers subject to SB 729 may face rising costs and administrative complexity. Across the country, 93% of employers facing higher costs are concerned about the increased financial burden of fertility care. Maven can help by:

• Reducing unnecessary cycles and treatment costs through proactive, whole-person care and smarter care navigation.
• Minimizing the need for fertility treatments altogether with comprehensive preconception care, education, and ovulation tracking. 30% of Maven's Fertility & Family Building members achieve pregnancy without IVF or IUI.
• Providing data insights to help employers understand utilization, outcomes, and ROI on fertility benefits. This information can be especially valuable for employers navigating the complexities of managed health care plans, where understanding cost drivers and care pathways is key to making informed decisions. Companies that invest in Maven see 2-4x clinical and business savings.

3. Supporting small group employers

For small businesses choosing to increase the fertility services provided to their employees through their health plans, Maven enables them to:

• Offer a differentiated benefit in a competitive talent market without fully relying on their health insurer’s limited offerings.
• Offer comprehensive support that meets the needs of every employee, no matter their path to and through parenthood.
• Customize levels of support based on budget, while still meeting employee needs.

Here’s how Maven compares with what SB 729 requires—and where we go further.

What employers should do next

With the mandated requirement for certain plans to provide coverage for infertility and fertility services just weeks away, it's pivotal that employers take steps now to ensure they implement what California requires and to support their administrative teams and overall workforce.

• Stay informed: Understand what existing law imposes and monitor legislative developments in states where your employees reside or where your company operates. 
• Evaluate benefits offerings: Assess your current insurance carriers and health plans to determine if they align with state mandates and consider enhancements to support employee needs.
• Consult with experts: Engage with benefits consultants or vendors specializing in fertility benefits to ensure compliance and to offer comprehensive support to your employees.

By seizing the opportunity to provide meaningful support that goes beyond what is mandated by California's SB729, you can build a more equitable, empowering and future-ready workplace. Learn how Maven Clinic can help your business meet compliance and deliver more inclusive, cost-effective fertility care by speaking to our team today.