Key takeaways on abortion rights and healthcare benefits

Now that abortion is no longer a Constitutional right, do the new restrictions in some states affect your employees’ healthcare benefits?

Here are our key takeaways to help employers navigate these issues.

Are employers still permitted to cover abortions?

Answer these questions first:

  1. Is your healthcare plan fully insured and covered by state insurance laws? If so, check your state’s new abortion laws.
  2. Is your healthcare plan self-insured and covered by the federal Employee Retirement Income Security Act (“ERISA”)? If so, you may still be permitted to cover abortions.
  3. Does your plan provide coverage to employees who reside in states that allow, restrict, or ban abortions?

Are employers still permitted to cover in-vitro fertilization and contraception?

Laws in some states may be changing, so employers must keep an eye on this to determine whether their healthcare plans need to be modified.

If you need help revising or developing new policies after the Dobbs decision, give us a call at 973-787-8442 or schedule a Strategy Session today.

Please keep in mind that this is not legal advice, you are not our client, and the law may change at any time and vary depending on your jurisdiction.

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