Item 5: Draft Recommendation — original pdf

Backup

RECOMMENDATION NO. [Assigned by City Clerk] A RECOMMENDATION REQUESTING CITY COUNCIL TO DIRECT THE CITY MANAGER TO REVIEW THE CITY’S IN-VITRO-FERTILIZATION (IVF) COVERAGE, AUDIT UTILIZATION AND IMPACTS, AND RETROACTIVELY REIMBURSE IMPACTED CITY EMPLOYEES AND THEIR FAMILIES IN ALIGNMENT WITH THE 2022 COUNCIL RESOLUTION, WITH SPECIFIC ATTENTION TO EQUITABLE ACCESS FOR LGBTQ/SAME-SEX COUPLES. WHEREAS, in September 2022, the Austin City Council passed a resolution directing staff to provide inclusive fertility and family-building benefits for City employees, including those in same-sex and other LGBTQ+ families; and WHEREAS, the City of Austin is a self-insured employer and therefore has the authority to design and administer benefits beyond those offered through Blue Cross Blue Shield, as demonstrated by additional programs being implemented effective January 2026; and WHEREAS, City staff implemented only the vendor’s “medical infertility” program, which failed to meet Council’s stated intent, leaving a multi-year gap in access for LGBTQ+ families; and WHEREAS, employees and their families reasonably relied on the Council’s 2022 directive when making financial and personal decisions about IVF and family planning, and the City’s failure to fully implement those benefits caused financial and emotional harm; WHEREAS, the LGBTQ Quality of Life Commission has heard directly from City employees who have been directly affected by this gap and who have incurred significant personal financial burden because of this oversight; and WHEREAS, inclusive reproductive healthcare access is essential to the health, safety, and well- being of LGBTQIA+ employees, and equitable benefits align with the City’s values of fairness, transparency, and inclusion; NOW, THEREFORE, BE IT RESOLVED THAT: The LGBTQ Quality of Life Advisory Commission recommends that the City Council direct the City Manager and the Human Resources Department to audit potential gaps in coverage and their impacts, including all IVF and fertility benefit inquiries and expenses incurred by City employees between October 2022 and January 2026 BE IT FURTHER RESOLVED THAT: The Commission recommends that the City Council require the Human Resources/Benefits Committee to provide annual public reports on the implementation, utilization, and accessibility of LGBTQIA+ family-building benefits to ensure accountability and transparency. BE IT FURTHER RESOLVED THAT: The Commission recommends that the City Council direct the City Manager to establish a reimbursement mechanism for qualifying out-of-pocket expenses incurred by families who should have had insurance coverage; and recommends City Council allocate emergency interim funding to cover employees who incurred IVF-related expenses during the coverage gap, ensuring LGBTQ+ families are not financially penalized by the City’s delayed implementation. BE IT FURTHER RESOLVED THAT: The Commission recommends that the City Council direct HR to improve employee communication through a communications plan and outreach on family-building benefits, with explicit clarification of eligibility for LGBTQ+ families, to prevent future harm. Sponsored by: [Commissioner Name(s)] Date Approved by Commission: [Insert Date]