ARTICLE · 06 OCTOBER 2022

Abortion Coverage In ERISA Plans After Dobbs

Ivins, Phillips & Barker

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After the overturning of Roe v. Wade, some plan sponsors are considering providing reimbursement for travel costs for medical plan participants who are no longer legally permitted obtain abortions...

United StatesEmployment and HR

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After the overturning of Roe v. Wade, some plan sponsors are considering providing reimbursement for travel costs for medical plan participants who are no longer legally permitted to obtain abortions in their home states. Some employers also have expressed interest in ensuring reimbursement for the FDA-approved abortion pill (mifepristone). Plan sponsors considering such actions should consider:

1. Unpredictability and Uncertainty of State Laws. State laws have already changed, and seem likely to continue to change, rapidly. At least thirteen states have been identified as having anti-abortion laws that become enforceable as a result of the overturning of Roe ("trigger laws"). (Texas, Idaho, Kentucky, Wyoming, Oklahoma, Tennessee, North Dakota, Missouri, Louisiana, South Dakota, Arkansas, Utah and Mississippi.) Some states are considering new abortion-related legislation, whether restrictive or, in some cases, liberalizing.

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