Abortion Services and Possible Design Changes for Self-Funded Health Plans

Trucker Huss

A draft opinion from the Supreme Court of the United States (the “Court”) in Dobbs v. Jackson Women’s Health Organization, which was recently leaked to the media, would overturn the constitutional right to certain abortion services initially established under Roe v. Wade. While acknowledging the authenticity of the leaked opinion, the Court cautioned that the opinion was only a draft and is subject to revision. If the Court does overturn Roe v. Wade, each state will determine if, and to what extent, abortion services will be permitted in that state. If released in its current form, Dobbs would immediately make abortion services unlawful (or highly restricted) in over 20 states, with more likely to follow.

This webinar will discuss potential issues plan sponsors of self-funded health plans may want to consider should abortion services become illegal in many states, such as:

• Enhancing travel and lodging benefits for out-of-state abortion-related services;
• Adding a service for participants to obtain information about the nearest state that offers abortion services;
• Enhancing telehealth and prescription drug services for medication abortions;
• Tax considerations for added benefits;
• Mid-year election change rules under Internal Revenue Code Section 125;
• State law considerations; and
• Privacy issues.

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