ABORTION BENEFITS
Employer Considerations For Coverage Of Abortion Benefits
BY BARRY E . FIELDS
In anticipation of the U . S . Supreme Court ’ s decision in Dobbs v . Jackson Women ’ s Health Organization that overturned Roe v . Wade , states have enacted various laws regarding insurance coverage of abortion . Some states have banned or restricted abortion coverage , while other states require plans to cover abortions .
Certain states ( such as Oklahoma and Texas ) now enable individuals to bring civil lawsuits against anyone who assists in the performance or inducement of abortion , including paying for or reimbursing the costs of the procedure through insurance or otherwise . It is unclear whether individuals can sue companies that cover travel expenses for legal out-of-state abortions .
COVERAGE OF ABORTION BENEFITS
There are a number of ways coverage of abortion-related expenses may be provided through a health insurance plan . Several factors may affect the benefits that are offered , such as plan funding ( fully insured or self-funded ), location , tax considerations , and the applicable state regulation ( such as whether coverage is required or prohibited ).
FEDERAL LAW
Two key laws address abortion benefits at the federal level : the Pregnancy Discrimination Act ( PDA ), which amended Title VII of the Civil Rights Act of 1964 , and the Affordable Care Act ( ACA ). The PDA applies to employers
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