Tag Archives: Dobbs

For California Electronic and Computing Services Companies, New Processes Required Before Responding to Warrants, Subpoenas and Other Information Requests

By Rachel Palmer Hooper, Scott McIntyre and Aleksandra Vold on October 12, 2022 Posted in Alert

In response to the Dobbs decisions, Califoria enacted legislation intended to enhance data privacy and block record requests by other states concerning alleged abortion-related offenses that are lawful in California. In September, California launched a website – abortion.ca.gov – dedicated to abortion access information. The website includes a disclaimer: “California protects your privacy.” On September … Continue Reading

Dobbs on Demand Podcast Series

By Amy J. Traub on August 15, 2022 Posted in Dobbs

In response to the recent Dobbs v. Jackson Women’s Health Organization decision in which the Supreme Court overturned Roe v. Wade, BakerHostetler partners have developed a podcast series aimed at providing guidance and addressing questions pertaining to the new legal and business considerations that should be made in this new landscape.… Continue Reading

HHS Letter to Healthcare Providers About Emergency Medical Care

By Amy Fouts and Claire Bass on July 13, 2022 Posted in Dobbs, Health & Wellness, Healthcare

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

Florida Reexamines Abortion Rights Under Its State Constitution Post-Dobbs

By Pat Muldowney and Sean Caulfield on July 7, 2022 Posted in Dobbs

According to statistics published in U.S. News & World Report, Florida has the fifth-highest rate of abortions performed per 1,000 women among all 50 states, and it trails only California and New York in the actual number of abortions performed annually. In an effort to reduce those numbers – and in anticipation of the U.S. … Continue Reading

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

By Aleksandra Vold on July 6, 2022 Posted in HIPAA, Supreme Court

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

Issue Spotting for Employers in a Post-Roe Era

By Amanda Van Hoose Garofalo and Amy J. Traub on July 1, 2022 Posted in Health & Wellness, Healthcare, Supreme Court

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

By Marc Antonetti, Ashlee Grant and Allison Thomas on July 1, 2022 Posted in Health & Wellness, Healthcare, Supreme Court

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