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Overturning of Roe v. Wade Creates Challenging Legal Issues for Self-Funded Health Plan Sponsors
McAfee & Taft 
June 30, 2022 "[If] a state has a law making it a crime for anyone to pay for or reimburse the costs of an abortion, it would be very difficult to argue that ERISA preempts said law as applied to self-funded ERISA plans ... On the other hand, laws like [Oklahoma's] -- which provide for a civil cause of action against anyone who pays for or reimburses the costs of an abortion -- are likely preempted by ERISA as it relates to ERISA self-funded group health plans.... There are numerous issues and considerations beyond the state law issues[.]' [Dobbs v. Jackson Women's Health Org., No. 19-1392 (S. Ct. Jun. 24, 2022)] MORE >> |
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