Justice employee group provides testimonials on the need for better IVF coverage for feds

A federal employee group within the Justice Department last week made its final pitch to the federal government’s dedicated HR agency to boost the federal government’s coverage of in vitro fertilization and other assisted reproductive technology through the Federal Employees Health Benefits Program.

The Department of Justice Gender Equality Network, an employee association representing nearly 2,000 workers at the Justice Department, sent acting Office of Personnel Management Director Rob Shriver three dozen testimonials from members describing the hardships they endured while trying to conceive. The move comes amid OPM’s final round of negotiations with insurance carriers over what FEHBP plans will cover next year.

“The DOJ Gender Equality Network recently urged OPM to expand access to fertility benefits, including by mandating FEHB plans to cover IVF medications and treatments in plan year 2025,” the group wrote. “This step would further this administration’s goal of increasing access to reproductive health care and align the federal government with the growing number of states with this mandate . . . But the most important reason to expand coverage is to meet the needs of those who serve our nation, and no one is better able to illustrate those needs than public servants themselves.”

Most of the stories told in the letter to OPM occurred prior to the agency’s mandate that FEHBP carriers cover artificial insemination and drugs associated with in vitro fertilization beginning this year. But Stacey Young, DOJGEN’s president, noted they’re still relevant, given that 2024’s new benefits still cover only a fraction of the cost associated with assisted reproductive technology.

“One person left DOJ, and several just gave up and concluded they couldn’t have kids, and then a number encountered various financial hardships,” Young said in an interview last week. “These are poignant stories and circumstances you don’t often think about.”

One person, who wished to remain anonymous, described emptying her and her husband’s life savings as a result of the government’s then-lack of IVF coverage.

“Almost none of our fertility-treatment costs were covered by my federal health insurance—a stark contrast to the experiences of attorneys I know in the private sector—so we spent over $70,000 out of pocket, emptying our savings account and borrowing money from our parents,” she wrote. “We finally have our beautiful baby girl, but we are now a very long way from ever owning a home or ever paying off my law school loans. I’m reentering private practice next month in large part to recalibrate our finances. I would have loved to stay with DOJ longer—I love the department and have given my all for eight years to its mission—but our budget can’t accommodate it.”

Another described exploring clinical trials as a way to defray some of the costs associated with in vitro fertilization, a decision that came with a unique set of downsides.

“Instead of trying IVF, we did four rounds of [intrauterine insemination], which is less expensive,” the person wrote. “With each round, our hearts broke a little more. It took a significant toll on us emotionally. Finally, I found a doctor who asked me to participate in an IVF clinical trial that would be significantly less expensive. I jumped at the chance. The vast majority of people who undergo the surgical procedure of retrieving eggs during the IVF process receive sedation because the pain can be otherwise unbearable. But as part of the trial, I had to go without sedation, and it was excruciating.”

Young said that it’s important that OPM put its foot down now and require full coverage of IVF treatments by FEHB carriers, given the uncertainty regarding the 2024 presidential election.

“What I’ve been told is that when you offer a health care benefit, it’s very hard to take it back,” she said. “[Covering IVF] is probably not something the Trump administration would do on its own, but it would be very hard for them to undo it, so it’s likely that this step would be very durable and long-lasting. This is the best time imaginable.”