Antega United States
Fertility treatment, insurance and law in Arkansas
Arkansas requires accident and health insurers writing business in the state to include IVF as a covered expense (Ark. Code §§23-85-137, 23-86-118). The requirement is built around IVF rather than a broad infertility benefit, and cryopreservation is addressed by insurance department rule.
1. What applies now
The position in force on the review date below. Anything scheduled for the future is kept separate.
Broad infertility or IVF requirement in force
Arkansas requires accident and health insurers writing business in the state to include IVF as a covered expense (Ark. Code §§23-85-137, 23-86-118). The requirement is built around IVF rather than a broad infertility benefit, and cryopreservation is addressed by insurance department rule.
Private-insurance requirement: Limited cover required
Arkansas requires accident and health insurers writing business in the state to include IVF as a covered expense (Ark. Code §§23-85-137, 23-86-118). The requirement is built around IVF rather than a broad infertility benefit, and cryopreservation is addressed by insurance department rule.
State requirements do not necessarily apply to every health plan. Self-funded employer plans, federal plans and certain exempt employers may follow different rules. Check your plan documents or insurer for your individual coverage.
2. What fertility services may be covered
IVF
Required to be covered
IUI
Not established in the sources reviewed
Fertility preservation
Limited cover required
Fertility medicines
Not established in the sources reviewed
Diagnosis and testing
Limited cover required
3. Who the rule applies to
Employer size rules: Not identified in the sources reviewed.
Religious or conscience exemptions: Not identified in the sources reviewed.
Self-funded employer plans (ERISA): A self-funded employer plan is governed principally by federal ERISA rules and is generally not required to follow the Arkansas mandate.
- Applies to accident and health insurers regulated by Arkansas
- HMO products and self-funded employer plans are generally outside the requirement
- The statute does not define IVF in detail, so plan documents carry a lot of weight
4. Important exclusions and limitations
Cycle or lifetime limits: Lifetime maximums have historically applied to this benefit. Confirm the current figure in your own certificate of coverage rather than assuming.
5. Medicaid
Not established in the sources reviewed
No Medicaid infertility benefit was identified in the sources reviewed. Medicaid is a public programme and is separate from commercial insurance.
6. Public and state-employee plans
Not established in the sources reviewed
No distinct public-employee fertility benefit was identified. A public-employee benefit, where one exists, is not a statewide private-insurance requirement.
7. Future changes already enacted
Law that has been passed but is not yet in force. It does not affect cover today.
No enacted law with a future effective date was identified.
8. Recent legislation that did not become law or remains pending
Proposals are never a guide to your current cover.
No pending, failed or expired fertility bills were recorded for this jurisdiction in this review.
Surrogacy, parentage and donor conception
Gestational surrogacy: Permitted subject to statutory conditions
Arkansas addresses surrogacy within its parentage provisions (Ark. Code §9-10-201), which set out presumptions for children born to a surrogate. Both gestational and traditional arrangements are practised.
Parentage: Pre-birth parentage orders are available in many cases, particularly where intended parents are married or genetically related. Unmarried or non-genetic intended parents may need additional steps after birth.
Donor conception: Ark. Code §9-10-201 also governs parentage presumptions where conception involves donor insemination.
9. Sources and last reviewed date
Arkansas requires accident and health insurers writing business in the state to include IVF as a covered expense (Ark. Code §§23-85-137, 23-86-118). The requirement is built around IVF rather than a broad infertility benefit, and cryopreservation is addressed by insurance department rule.
Sources
- Arkansas infertility insurance law summaryASRM / RESOLVE (ReproductiveFacts) · checked 2026-09-08
- Rules of the Arkansas Insurance Department (Part 80)Arkansas Insurance Department · checked 2026-09-08
- Ark. Code §9-10-201Arkansas Code · checked 2026-09-08
Last reviewed by the Antega editorial team: 2026-09-08.
This is general information about state rules, not legal or insurance advice, and it is not a guarantee of cover. Laws, mandates and plan rules change. Always confirm your own position with your insurer or plan administrator in writing, and take advice from a licensed attorney in your state before making legal arrangements.
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