On June 24, the Supreme Court rendered a 5-4 divisive opinion to uphold a Mississippi State ban on abortion in Dobbs v Jackson, which ultimately overturns long standing precedent reached in a 1973 seminal case, Roe v Wade.

What does this mean for employers?

Employers with fully insured medical plans will need to wait for their medical carriers to communicate any impact to current plan designs. In states where abortion remains legal, there will be no impact. In states where abortion bans will take effect this July, carriers will not be able to include coverage for abortions. Carriers of fully insured plan designs are working on communications as we speak, and employers can expect to receive direct information shortly.

Employers with self funded plans have some options available. Now is the time to communicate with ASO providers to determine what alternatives they are offering to enable employees living in states pending abortion bans to receive covered services. For example, the ASO may have a rider to add coverage for travel and lodging for employees living in a ban state, to reimburse them for travel to a protected state to receive services.

This infographic from the Washington Post illustrates the current status of abortion laws in all 50 states.

There are many legal and procedural questions without answers at this time.  There is sure to be a flurry of activity in this arena in the coming weeks and months. 

The text of the Supreme Court’s opinion can be viewed here.