Reproductive Rights: Post–Dobbs Impact

In light of the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization finding that access to abortion is not a right protected by the US Constitution, our lawyers are closely monitoring and analyzing the impact of state laws regulating abortion access to advise clients on how best to respond.

One of the most pressing and immediate impacts of Dobbs is how it will affect employers’ healthcare and benefit plans, especially those that cover the cost of abortions. Employers must consider whether to modify or add additional coverage for workers’ travel expenses for certain out-of-state healthcare procedures and how to structure those benefits to comply with federal and state laws, including state laws that prohibit the aiding or abetting of abortion. Similarly, employers will need to determine whether the evolving legal landscape requires changes to the scope of pharmacy benefits. There are also questions about how ERISA plans will interact with these state laws, limitations on telehealth, and tax considerations for related reimbursements.

This rapidly evolving legal environment will involve a range of other issues, such as compliance with healthcare and privacy laws and regulations, workplace culture, access to customer data, and corporate criminal liability.

Our centralized portal will continually update to cover the most pressing issues as they arise and will aggregate our insights and analyses of Dobbs and its subsequent influence on state laws throughout the United States.

RECENT UPDATES

Insights

• Dobbs – US Government’s Response and Its Impact on the Healthcare Industry
• Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of July 19
• Post-Dobbs, States Seek to Define Laws Around Abortion Access
• Dobbs v. Jackson Women’s Health: Implications for Employers and Employer Plan Sponsors
• Considerations for Employers and Employer Plan Sponsors Related to Potential Changes in the Effect of Roe V. Wade

Media Coverage

• Employers Must Keep Up with State Constitutions’ Changing Abortion Protections, SHRM
• Group Health Plan Coverage Considerations for Employers after the Overturning of Roe v. Wade, Practical Law
• Tax Considerations on Abortion-Related Travel Benefits, HR News
• If You Use Your Company's Abortion Travel Benefits, Will Your Boss Find Out?, CNN.com
• What Happens to Privacy When Employers Pay for Abortions? It’s Complicated, Fast Company
• US Firms Face “Rocky Road” Supporting Reproductive Rights in Post-Roe Era, International Employment Lawyer
• Companies Offering to Cover Travel for Out-of-State Abortions Will Face Daunting Patchwork of Laws, Corporate Counsel
• What Employers Should Do Now That Roe Has Fallen, Law360
• Employer-Paid Abortion Travel Coverage Triggers Tax Consequences, Bloomberg Law