DOBBS

On 6-24-2022 Dobbs versus Jackson reversed Roe v Wade. The ruling states that the US constitution does not prohibit the citizens of each state from regulating or prohibiting abortion. As a result, states can now pass laws banning or restricting reproductive health care services. As state action has impacted access to abortion in many parts of the country, this has created new challenges and decision points for some plan sponsors.

One wrinkle involves abortion Rx. With Dobbs, there have been legal challenges regarding the regulation of abortion Rx. Recently, the FDA announced changes to the protocol for mifepristone, which is a multi-Rx regimen used to end a pregnancy. The updated guidelines state that it no longer needs to be dispensed in person by a provider...pharmacies can become certified to dispense mifepristone, and it can be sent by mail. In Spring of 2024, it is legal until a final decision is reached on the merits of the case.

Because of the legal challenges surrounding this ruling, Plan Sponsors

should continue to monitor state action to determine whether their employees may be impacted. Employers should also continue to monitor the status of medication abortion and how this could affect coverage requirements.