On May 3, 2022, a draft opinion from the U.S. Supreme Court case Dobbs v. Jackson Women’s Health was leaked to the press, and as a result the Court is expected to overturn Roe v. Wade and Planned Parenthood v. Casey, effectively leaving the issue of abortion rights to the states.
On June 24, a deeply divided US Supreme Court overturned the 1973 Roe v. Wade decision and wiped out the decades-long constitutional right to abortion, issuing a historic ruling likely to render the procedure largely illegal in half the country.
The court voted along ideological lines, 6-3 to uphold Mississippi’s ban after 15 weeks of pregnancy, and 5-4 to go further and explicitly overturn Roe and the constitutional right it established.
Employers across the country have been contemplating the potential impact of this decision on their employee benefit plans, and some large national employers have publicly announced their intention to provide travel benefits to defray the costs for employees and other plan participants who travel across state lines where necessary to receive a legal abortion. Below, we highlight some issues employers may want to consider in connection with the coverage of abortion services under their plans. Here are a few things to consider regarding employment law, medical plan coverage, and employee privacy:
- Employment Considerations
- Workplace discussions
- Leave rules
- Solicitations
- Medical Plan Considerations
- ERISA Preemption
- Travel cost as medical expenses
- Easy access to safe, affordable abortion care
- Privacy Considerations
- Cybersecurity
- HIPAA
Are employers required to cover abortion? Will group health plans still be allowed to cover abortion? What potential legal issues should employers consider? Are there any actions employers should consider immediately, if Roe is overturned?
For a detailed review of these questions (as well as Group Health Plan Considerations, Mental Health Parity Questions, Health Savings Account Rules/FSA Considerations, and Anticipating State Law Restrictions on Abortion), you can visit: Group Health Plan Considerations in the Face of (Potentially) Changing Abortion Laws.
With the overturning of Roe v. Wade, the federal protection of the right to an abortion for millions of American people has ended, and the states have been given the power to determine the legality of the procedure. For additional ways of how you can support your employees with their healthcare needs, check out: What’s Next?
