On July 28, 2022, in light of the United States Supreme Court’s recent decision overturning Roe v. Wade, the United States Department of Labor (DOL), in conjunction with the Departments of Health and Human Services (“HHS”) and the Treasury, issued important guidance surrounding the topic of reproductive rights issues in the workplace.
Through this guidance, the federal agencies communicate a stern reminder that notwithstanding the Court’s decision and the related ongoing political debate over reproductive rights, covered health plans and health insurance issuers must continue providing insurance coverage for contraceptives at no cost to plan participants. It is the latest in a series of post-Roe federal actions aimed at reinforcing an individual’s right to seek and receive reproductive services. Employers should keep a close eye on this (and other) federal guidance, as such agency reminders often signal areas in which enforcement actions may be on the horizon. Consequently, employers should take caution to ensure that they address this issue from both compliance and employee-relations perspectives.
The guidance reemphasizes the existing requirement under the Affordable Care Act (ACA), and its related regulations that covered group health plans and health insurance issuers must provide coverage, without imposing any cost-sharing requirements, for certain “preventive services.” Among the category of these preventive services are specific provisions for women’s care,...
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