News & Analysis as of September 24, 2024

Supreme Court of the United States › Employer Group Health Plans

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/18/2024

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more

Discriminatory or Just Cheap? Eleventh Circuit Panel Rules that Employer-Sponsored Health Plans Must Cover Gender-Affirming Care;...

Butler Snow LLP on 9/11/2024

In its 2020 decision in Bostock v. Clayton County, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against employees based on their...more

Gender-Affirming Care Remains a Hot Topic in 2024

Bass, Berry & Sims PLC on 5/17/2024

Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that issue:...more

What Is the Future of Monetary Relief under ERISA, Section 502(a)(3)?

DRI on 4/15/2024

The Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, regulates virtually every private employee benefit program in the United States. Among other things, ERISA contains its own civil enforcement section,...more

Gender-Affirming Benefits: Best Practices for Group Health Plans

McDermott Will & Emery on 2/26/2024

Federal legislative and regulatory activity related to employer-sponsored group health plans shows no signs of slowing, particularly with the issuance of interpretive guidance regarding the transparency and surprise-billing...more

#WorkforceWednesday: Employee and Health Benefits One Year After Dobbs - Employment Law This Week®

Epstein Becker & Green on 6/21/2023

This week, we’re recapping the last year of the Dobbs decision: June 24, 2023, marks exactly one year since the widely controversial Dobbs v. Jackson Women’s Health Organization decision by the United States Supreme Court...more

Proposed Universal Contraceptive Coverage in Response to Roe Reversal

McDermott Will & Emery on 2/9/2023

The US Departments of Health and Human Services, Labor and Treasury (the Departments) recently issued a proposed rule (the proposed rule) to eliminate a moral exemption to the Affordable Care Act (ACA) contraceptive mandate...more

Brrrr: Chilling Speech About and Access to Abortion in Idaho

Bowditch & Dewey on 12/20/2022

The Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization, which overturned the precedent in Roe vs. Wade, allows states to ban and restrict abortion. This decision has sent shockwaves through many...more

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of August 10

Morgan Lewis on 8/12/2022

The legal landscape around access to abortion services continues to change rapidly in the wake of Dobbs v. Jackson Women’s Health Organization. While a number of states have begun implementing laws that were on the books and...more

Managing State Law Risks of Employer-Sponsored Abortion-Related Travel Benefits Post-Dobbs

Mintz - Employment Viewpoints on 8/9/2022

In previous posts (available here and here) we reported on some of the legal consequences from Dobbs v. Jackson Women’s Health Organization on employer-sponsored group health plan coverage of abortion-related travel benefits....more

Abortion as an Employee Health Benefit – How to Protect against Potential Liability Post-Dobbs

Pillsbury - Policyholder Pulse blog on 8/1/2022

Amazon. Bank of America. Citigroup. Dick’s Sporting Goods. JP Morgan. Kroger. Meta. Microsoft. Procter & Gamble. Target. Walt Disney Company. These are just a few of what is a growing list of companies that have offered to...more

Post-Dobbs Landscape for Employers

Mintz on 7/27/2022

Whether driven by political ideology, workforce demands, or other considerations, many employers will want to offer support in light of the Dobbs decision, and many employees may also wish to engage with their employers or...more

ML Strategies Outlook: Federal Action Post-Dobbs Decision

Mintz - ML Strategies on 7/26/2022

On June 24, 2022, the Supreme Court of the United States ruled on Dobbs v. Jackson Women’s Health Organization. This ruling overturned Roe v. Wade, which held that women had a fundamental right to an abortion. Since the Dobbs...more

Reviewing Employer Health Plan Coverages in the Post-Roe Era

Hinshaw & Culbertson - Employment Law... on 7/26/2022

With the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, employers should review their employee benefit plans and assess their options and obligations in offering group health plan...more

Employer Provided Travel Benefits in Response to Dobbs and State Prohibitions on Abortion

Schwabe, Williamson & Wyatt PC on 7/22/2022

The implications of the United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization that overturned Roe v. Wade’s constitutional right to abortion have had sweeping implications that affect...more

Key Considerations When Offering Abortion Coverage Under a Group Health Plan

Foley & Lardner LLP on 7/20/2022

Not surprisingly, leading up to and in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, our employee benefits team has been spending a lot of time helping our clients wade through...more

Plan for a Ban: How the Overruling of Roe v. Wade May Impact Employee Healthcare Plans

Dechert LLP on 7/20/2022

The U.S. Supreme Court on June 24, 2022, overruled Roe v. Wade, the seminal case in which the Court had recognized the existence of the constitutional right for individuals to obtain an abortion. In Dobbs v. Jackson Women’s...more

Post-Dobbs, States Seek to Define Laws Around Abortion Access

Morgan Lewis on 7/15/2022

The US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization put the onus on states to define laws around access to abortion-related services. As expected, the two largest sources of action following the...more

Dialysis & Nephrology Digest - July 2022

Benesch on 7/14/2022

SCOTUS sides with OH-based medical plan in dispute with DaVita over dialysis reimbursements - In a 7-2 vote, the Supreme Court ruled in favor of the Marietta Memorial Hospital Employee Benefit Plan in a case that hinged...more

Impact of Dobbs on Employee Benefits

Poyner Spruill LLP on 7/14/2022

On June 24, 2022, the U.S. Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and held that the U.S. Constitution does not include a right to abortion. In doing so,...more

Client Alert: Supreme Court Decision on Abortion Rights: 10 Key Questions for Employers and Group Health Plans

Neal, Gerber & Eisenberg LLP on 7/13/2022

Recently, the United States Supreme Court issued its long-awaited opinion in Dobbs v. Jackson Women’s Health, which addressed a Mississippi law that generally prohibits abortions after 15 weeks of gestation. In its ruling,...more

Employee Benefit Plan Considerations Post-Roe

Amundsen Davis LLC on 7/8/2022

The U.S. Supreme Court's decision last month to overturn Roe v. Wade presents new challenges for employee benefit plans. By overturning the case establishing a constitutional right to abortion, the Court's decision in Dobbs...more

Compliance Alert: Supreme Court Turns Abortion Regulation To The States, Considerations for Group Health Plans and Employers

Woodruff Sawyer on 7/7/2022

On June 24, 2022, the United Stated Supreme Court (“the Court”), released its much anticipated decision in Dobbs, State Health officer of the Mississippi Department of Health, et al. v. Jackson Women’s Health Organization, et...more

[Webinar] Post-Roe Compliance Think Tank Session - July 11th, 12:00 pm - 12:30 pm PT

Woodruff Sawyer on 7/6/2022

INSURANCE UPDATE - The Supreme Court’s ruling in Dobbs, that abortions are not a federal constitutional right, has caused employers to ask how this new ruling affects benefits compliance as well as potential liability for...more

Compliance FAQs in a Post-Roe (Dobbs) Landscape

Woodruff Sawyer on 7/6/2022

Since the Supreme Court’s ruling that abortions are not a constitutional right, Woodruff Sawyer has been receiving questions about how this affects benefits compliance. Some states have enacted anti-abortion laws, which will...more

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Supreme Court of the United States › Employer Group Health Plans

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