Special Compliance Alert: What Is the Impact of the Roe v. Wade Reversal?
… include travel of a plan participant to obtain access to an abortion in a state where abortion is legal. Fully insured plans must comply with state laws and will not cover abortions in states where abortion is prohibited. It is unlikely that self-funded plans will be able to use Employee Retirement Income Security Act (ERISA) preemption as an argument to cover abortions in states where abortion is prohibited. Background On June 24, 2022, The Supreme Court of the United States (SCOTUS) released a final decision in Dobbs v. Jackson Women’s Health Organization (Dobbs), a case out of Mississippi …
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