Supreme Court Decision In Dobbs Complicates Health Insurance

The Supreme Court’s decision in Dobbs v. Jackson may cause confusion in the health insurance sector. In some states, abortion will continue to be treated as a medical procedure, and in some others it will be treated as a crime. 

In the wake of the decision, some employers have pledged to provide travel stipends for employees in states outlawing abortion to travel to states where abortion is legal. Already some activists in states where abortion is no longer legal have threatened to take action against these employers, including potential legislation that would provide for penalties against any person or entity assisting someone seeking an abortion.

Many employers plan to provide reimbursement through group health plans. This plan is likely to be challenged, as national rules such as those set out by the Employee Retirement Income Security Act are designed to allow for uniform application of benefits across the country. While certain state and local laws may be preempted under ERISA and similar rules, criminal laws generally are not. Read more.

This article was submitted by RJ Prioe. If you would like to submit content or write an article for the Insurance Coverage Section, please email Deneen Fitzgerald at dfitzgerald@indybar.org.

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