As a result of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, access to abortion services is now being regulated by a patchwork of state and federal laws, regulations, and judicial and administrative decisions. This state-by-state approach is impacting our clients in a number of different ways that may require legal guidance.
For example, employers who provide ERISA-sponsored health plans may need to navigate conflicts between ERISA requirements and state law restrictions on abortion and other reproductive health services. Employers seeking to provide abortion and other reproductive health services as a benefit for employees need to assess state law restrictions on these services, as well as whether their corporate entities or executives could be subject to criminal or civil liability. Technology companies such as cloud storage providers and applications developers, as well as any entity that creates, receives, or stores personal information, may be required to disclose data in relation to civil or criminal laws restricting abortion services. Additionally, a host of industry-specific issues impact health care providers and systems, including compliance with state laws on the types of services that can be provided, multistate licensure and state regulations impacting telehealth, prescribing and dispensing laws, health care data privacy, and federal preemption and non-discrimination laws.
