What it means for you
A 2026 Virginia law directs the state to add fertility care, including up to three cycles of assisted reproduction, plus doula care and hearing aids for all ages. Virginia applied for the 2028 plan year, but CMS has paused reviews and approval is required.
Who benefits: Virginians enrolled in comprehensive, fully insured individual or small-group health plans who need any of the seven added kinds of care.
Virginia’s law directs the state to add seven kinds of care to comprehensive, fully insured individual and small-group plans. They include doula care; fertility diagnosis and treatment, with up to three lifetime cycles of assisted reproduction such as IVF; fertility preservation such as egg and sperm freezing when medical treatment could cause infertility; and hearing aids for all ages. It also adds donor breast milk, PCOS treatment, and care for PANDAS and PANS.
You would not need a separate application. The benefits would be included in qualifying plans bought directly, through Virginia’s marketplace, or from a small employer. Virginia applied for the 2028 plan year on May 6, 2026, but CMS announced a pause in benchmark-plan reviews and has not approved the proposal. The law allows the soonest later plan year CMS permits.
An actuarial review estimated the package at $7.42 per member per month, or 1.2% of allowed claims, and estimated a 0.03% to 5.44% premium increase. If approved, a May 2026 federal rule would require Virginia to cover the cost for marketplace enrollees beginning in 2028.
Del. Rip Sullivan, who chaired the Health Insurance Reform Commission, carried its bill. The House and Senate passed it with votes from both parties. Gov. Abigail Spanberger recommended an emergency clause for the bill’s other provisions; lawmakers accepted it, and she approved the law April 22.
Health careLower costs
Where it stands, and how we know
Source for this status, checked November 12, 2026.
Sources
- Governor Spanberger signs bipartisan bills to cap cost of insulin, lower healthcare and prescription drug costsOffice of the Governor of Virginia, May 13, 2026
- HB 328, 2026 Regular SessionVirginia Legislative Information System
- Chapter 1048, 2026 Acts of AssemblyVirginia General Assembly, April 22, 2026
- Virginia's Essential Health Benefits Benchmark PlanVirginia State Corporation Commission
- 2028 Virginia EHB benchmark plan Phase 2 assessmentVirginia State Corporation Commission Bureau of Insurance, September 30, 2025
- HHS Notice of Benefit and Payment Parameters for 2027 final ruleCenters for Medicare & Medicaid Services, May 15, 2026
How we checked this
Drafted by Claude Opus 5.5 (Anthropic) on November 11, 2026. Checked against its sources by GPT-5.6-sol (OpenAI) on November 12, 2026, which corrected it. Confirmed the enacted law, seven benefits, sponsor, signer, and legislative history. Corrected the entry to reflect that CMS paused benchmark-plan reviews, has not approved Virginia’s application, and could delay coverage beyond 2028.
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