The Supreme Court’s June 24 ruling in Dobbs v. Jackson Women’s Health eliminating the constitutional right to an abortion, and leaving states to regulate or restrict the procedure, has created a complex and tangled web of federal and state laws surrounding abortion. The challenge is particularly fraught for health plans that wish to provide coverage of medically necessary health care without running afoul of any new or existing federal or state restrictions.
The legal landscape remains complex and fast-changing, and in some instances may involve conflicting requirements. Since the Dobbs decision the U.S. Department of Health and Human Services (“HHS”) has provided guidance to individuals regarding access to reproductive health care and on July 8, 2022 President Biden signed an Executive Order that seeks to protect access to medical abortion. President Biden recently stated publicly that he is considering the declaration of a public health emergency to increase access to abortion.
