Tag Archives: Roe

HHS Letter to Healthcare Providers About Emergency Medical Care

Photo of Amy FoutsPhoto of Claire BassBy Amy Fouts and Claire Bass on 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

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

Photo of Aleksandra VoldBy Aleksandra Vold on 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

Group Health Plan Considerations Post-Dobbs

Photo of Susan Whittaker HughesPhoto of Jennifer A. MillsPhoto of Seth HanftBy Susan Whittaker Hughes, Jennifer A. Mills and Seth Hanft on Posted in Healthcare, Supreme Court
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

Photo of Amanda Van Hoose GarofaloPhoto of Amy J. TraubBy Amanda Van Hoose Garofalo and Amy J. Traub on 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

Photo of Marc AntonettiPhoto of Ashlee GrantPhoto of Allison ThomasBy Marc Antonetti, Ashlee Grant and Allison Thomas on 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
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