Attorneys & Professionals

The U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization overturned the constitutional right to an abortion. As a result of the Dobbs decision, each state will determine if, and to what extent, abortion services will be permitted in that state.

Many employers are now considering whether and to what extent they may provide benefits to employees and their dependents who are seeking an abortion and other reproductive health services. For the foreseeable future, employers will need to be prepared to react to many variables, including changes in state laws, court decisions, and new regulations that may be issued at the federal and state levels. Employers also need to understand that there may be risks associated with implementing changes following the Dobbs decision; however, at this time, some of those risks are difficult to quantify.

The following is a brief overview of some of the issues employers should consider when deciding whether to implement any changes to their employee benefits post-Dobbs:

• The extent to which coverage for abortion services is required or permitted under applicable law. In general, federal law does not require employers to provide coverage for abortion services. Fully-insured group health plans are subject to state insurance laws. As a result, whether coverage for abortion services is required or permitted under a fully-insured plan will depend on the insurance law in the state where the insurance...

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