The U.S. Supreme Court’s ruling overturning Roe v. Wade has led to new questions about privacy protections for health information about an individual’s use of reproductive services such as abortion. Employer plans that cover these services, and that are now adding a travel benefit for employees to access this care, might create a paper trail of claims information or reimbursement records. Some states with laws to ban or criminalize abortion may seek this information to bring actions against any entity involved in assisting to obtain an abortion, which could include employers as well as providers. Federal privacy protections have long restricted the use and disclosure of personal health information to and by employer-sponsored plans, but these protections are not fool proof and will likely be tested going forward by states looking to implement abortion bans and related restrictions.
Employer plan access to employee abortion information
HIPAA privacy regulations, effective since 2003, place restrictions on the ability of employer-sponsored plans to access, use and disclose health information without specific written authorization from the individual who is the subject of the information. HIPAA – which stands for the Health Insurance Portability and Accountability Act of 1996 — applies to employer-sponsored health plans as well as most health care providers, and health care clearinghouses. An employer’s major medical plan, a health reimbursement arrangement (HRA) and a...
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