Many employers are examining their abortion coverage policies as the US Supreme Court readies a decision that may overturn Roe v. Wade.
Regardless of their position on whether to cover abortion, companies are being advised by their legal counsel to review their policies and, at the least, make sure they are clear about what they cover. Legal advisers also say companies need to be prepared to communicate their positions to employees and answer questions about them.
Companies that the Groom Law Group represents are asking “do we have some exposure, do we have some liability, what do we need to do?” if the 1973 decision that legalized abortion nationwide is overturned, Christine Keller, the managing partner, said in an interview.
In addition to health insurers, Groom works with hundreds of health plans sponsored by large employers that are self-insured, meaning they directly pay their employees’ claims and are regulated under the federal Employee Retirement Income Security Act (ERISA), not by states. States do, however, have power to regulate fully insured health plans that operate in their jurisdiction.
If Roe is overturned, 26 states are likely to restrict abortion, according to a 2021 analysis by the Guttmacher Institute, a research and policy organization that focuses on reproductive health and rights. Many health plans have been silent on whether they pay for...
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