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Virginia law, April 2026

Virginia plans could cover IVF, doulas and hearing aids

Carried by

No photo on file, so initials stand in.

  • 3 maximum assisted-reproduction cycles covered in a lifetime
  • 7 kinds of care in Virginia's proposed benchmark plan
  • 2028 target plan year for the coverage, pending federal approval

Rolling out. Not everyone has it yet. Virginia applied on May 6, 2026 for the 2028 plan year. CMS announced that it had paused review of EHB benchmark-plan applications and has not listed an approval for Virginia's proposal as of November 12, 2026. The law permits coverage in the soonest later plan year CMS allows. As of Nov. 12, 2026.

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

  1. Governor Spanberger signs bipartisan bills to cap cost of insulin, lower healthcare and prescription drug costsOffice of the Governor of Virginia, May 13, 2026
  2. HB 328, 2026 Regular SessionVirginia Legislative Information System
  3. Chapter 1048, 2026 Acts of AssemblyVirginia General Assembly, April 22, 2026
  4. Virginia's Essential Health Benefits Benchmark PlanVirginia State Corporation Commission
  5. 2028 Virginia EHB benchmark plan Phase 2 assessmentVirginia State Corporation Commission Bureau of Insurance, September 30, 2025
  6. 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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From left: Chi Ossé (D), Bill Stanley (R), and Louise Lucas (D).

From left: Chi Ossé (D), Bill Stanley (R), Louise Lucas (D), Emmett Hanger (R), and Michelle Hinchey (D).

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tab

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tabSee the photo of Hanger (Senate of Virginia), opens in a new tab© Senate of Virginia, used as a drawing reference.See the photo of Hinchey (NY Senate, via Wikimedia Commons), opens in a new tabCC BY 2.5.