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Friday, October 9, 2026

Issues For Employers After Dobbs v. Jackson Women's Health Organization - Employee Benefits & Compensation - United States - Mondaq

Following the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, some employers are considering whether to offer coverage for abortion services and related travel expenses to employees and their dependents who reside in states that have banned or restricted abortion services. On the employee benefits side, there are various options available to employers depending on factors such as whether their existing health plans are self-insured or fully-insured, whether they offer high-deductible health plans with health savings accounts (HSAs) and whether they provide health plan coverage through a third-party professional employer organization (PEO). Employers providing health plans have always had to deal with numerous federal laws in administration (including the Employee Retirement Income Security Act (ERISA), the Affordable Care Act (ACA), the Health Insurance Portability and Accountability Act (HIPAA) and the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), but those with self-insured plans have had less experience with state laws since ERISA generally preempts many state laws. On the employment law side, employers need to be conscious of existing federal anti-discrimination laws related to pregnancy-related conditions, including abortion.

Due to the nature of the state-by-state regulation and ongoing developments in state and federal regulations, there is much uncertainty regarding many of these issues....



Read Full Story: https://www.mondaq.com/unitedstates/employee-benefits-compensation/1213264/is...