Tag Archives: Dobbs

HHS Letter to Healthcare Providers About Emergency Medical Care

On Monday, July 11, 2022, the secretary of Health and Human Services (HHS) issued a letter to healthcare providers regarding the Emergency Medical Treatment and Active Labor Act (EMTALA), indicating that when a state law prohibits abortion and does not provide an exception that aligns with EMTALA’s emergency medical condition definition, that state law is … Continue Reading

Office for Civil Rights Provides Guidance: HIPAA Privacy Rule on Disclosures of Information Relating to Reproductive Healthcare

On On June 29, in response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health & Human Services Office for Civil Rights (HHS OCR) issued guidance on when entities covered by the Health Insurance Portability and Accountability Act (HIPAA) are permitted to share protected health information (PHI) without a … Continue Reading

Group Health Plan Considerations Post-Dobbs

The U.S. Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization has presented many issues for sponsors of group health plans to contemplate as they decide whether and how to proceed with the offering and administration of abortion services. While each group health plan sponsor will need to consider its own objectives, plan populations and … Continue Reading

Issue Spotting for Employers in a Post-Roe Era

On June 24, 2022, the U.S. Supreme Court held in a 5-1-3 opinion that Roe v. Wade – a nearly 50-year-old Supreme Court opinion providing the right to an abortion in this country – should be overturned. See Dobbs v. Jackson Women’s Health Organization (available at www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf). Irrespective of whether an employer agrees with the … Continue Reading

At the Crossroads of Politics, Religion and Social Justice, Employers Face Difficult Choices

A closely divided Supreme Court, a reversal of long-standing precedent, headline-grabbing litigation and an increased assertion of religious liberty rights by employees have thrust employers into an unprecedented and extraordinarily difficult social and legal environment following the Court’s decision in Dobbs v. Jackson Women’s Health Organization. Many employees wonder what their employers will do in … Continue Reading
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