When the Kansas City Council approved travel benefits for city employees to go to another state for an abortion, the State of Missouri threatened to sue. The situation also left a lot of local business owners wondering what kind of risk they're carrying.
The big question is what type of coverage you can have in your health plan, Tom Dowling, an employee benefits attorney and partner at Stinson LLP in Kansas City, said. The answer is that every state is different, he said, and no one knows the full risks right now. What's certain: There will be a lot of litigation, and businesses won’t be immune.
“There have been a line of states right up the middle of the country who have threatened legal action against businesses,” Dowling said. “In fact, I’ve got a letter on my desk from the Texas Freedom Caucus, threatening law firms, of all things, who openly indicated that they would provide travel benefits to their employees in Texas. I think you’re seeing the same type of activity in states with similar interests as Texas, including Missouri, where legislators are looking at ways to go after businesses who are paying for the services and the travel related to the services.”
There are a lot of moving pieces and unknowns when it comes to laws related to abortion, said Julia Vander Weele, an employee benefits attorney and partner at Spencer Fane LLP.
“Quite frankly, it’s difficult to advise our clients right now because of the various considerations, the interplay of federal mandates...
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