What do you need to know about the US Supreme Court's Decision in Dobbs v. Jackson Women's Health Organization? Explore the selected resources below to help you navigate the consequences of this decision. Please note that when clicking on the titles below, you may be automatically redirected to third-party websites. Three stars indicate recently added material.
1. Check the latest updates on this topic on ACC Newsstand, powered by Lexology
2. Impact on employers and employees:
***"Understanding Recent Litigation on Medication Abortion: A Guide for Health Plan Sponsors," April 24 2023, by, Proskauer Rose
"Proposed Rules Expand Access to Contraceptive Care as a Preventive Service," Feb. 22, 2023, by Snell & Wilmer
"State Attorneys General Flex in a Post-Dobbs world – can complying with federal regulatory guidance constitute racketeering activity?" Feb. 13, 2023, by Akerman
"Proposed Universal Contraceptive Coverage in Response to Roe Reversal," Feb. 8, 2023, by McDermott Will & Emery
"Evolving Laws and Litigation Post-Dobbs: The State of Reproductive Rights as of January 2023," Jan. 5, 2023, by Morgan Lewis
"Employers Seek Clarity on Reproductive Healthcare Benefits Litigation Following EEOC Commissioner Filing," Nov. 28, 2022, by McDermott Will & Emery
"An Update on the Federal and State E-Roe-sion or P-Roe-tection of Abortion Rights," Oct. 12, 2022, by Sheppard Mullin
"Considerations for Employer Group Health Plans in the Aftermath of Dobbs," Oct. 7, 2022, by Frost Brown Todd LLC
"Navigating Workplace Conversations After Dobbs: What Should Employers Do?," Sept. 1, 2022, by Lane Powell
"What Employers Need to Know in a Post-Dobbs Landscape," Aug. 3, 2022, by Sheppard Mullin
"Employers' Medical Group Plans After Dobbs," Aug. 2, 2022, by Burns Levinson
"The Reversal of Roe: Impact on Employer-sponsored Benefits post-Dobbs," July 22, 2022, by Patterson Belknap
"A Venture Capital/M&A Context On Dobbs, Reproductive Rights, and Healthcare Access After the Supreme Court Overturned Roe v. Wade," July 20, 2022, by Lowenstein Sandler
"Post-Dobbs Benefit Options and Considerations," July 19, 2022, by Davis Wright Tremaine
"Issues for Employers After Dobbs v. Jackson Women’s Health Organization," July 18, 2022, by Arnold & Porter
"Issue Spotting for Health Plans after Dobbs – More Questions Than Answers," July 7, 2022, by Spencer Fane
"Dobbs Triggers Significant Healthcare and Privacy Law Concerns and Confusion," July 1, 2022, by BakerHostetler
"The Supreme Court’s Dobbs Ruling Creates a Variety of Significant Legal Issues," July 1, 2022, by Fox Rothchild
"Group Health Plan Considerations Post-Dobbs," June 30, 2022, by BakerHostetler
"The Dobbs Decision on Abortion Brings Employee Speech and Employee Benefits Issues Front and Center," June 30, 2022, by Hall, Render, Killian, Heath & Lyman
"Employment Implications Arising from Dobbs v. Jackson Women's Health Organization," June 29, 2022, by Holland & Knight
"Dobbs: Considerations for Plan Sponsors Post-Roe," June 29, 2022, by Reinhart
"Group Health Plans and Abortion: Implications of Supreme Court Decision," June 28, 2022, by Baker Donelson
"The Demise of Roe v. Wade – An Analysis of the Critical Group Health Plan Issues for Employers," June 28, 2022, by Clark Hill
"End of Roe Heralds New Legal Battles and Raises Complex Questions for Employers and Benefit Administrators," June 27, 2022, by O'Melveny & Myers
"SCOTUS Overrules Roe v. Wade: Part I: Potentially Wide-Ranging Impact on Companies Navigating Employee Benefits, Privacy Protections, and Law Enforcement Demands," June 27, 2022, by Jenner & Block
"SCOTUS Overrules Roe v. Wade: Part II: Outlining the Threat to Reproductive Rights Across the United States," June 27, 2022, by Jenner & Block
"An Employer's Guide to Workplace Protections for Abortion-related Decisions," June 27, 2022, by Fisher Phillips
"Three Considerations for Health Care Providers after the Dobbs Decision," June 27, 2022, by Foley & Lardner
"Impact of Dobbs v. Jackson Women’s Health Organization for Employer-Provided Health Benefits," June 27, 2022, by Ropes & Gray
"Health Plan Considerations in the Wake of Dobbs v. Jackson Women’s Health Organization" June 27, 2022, by Davis + Gilbert
"Group Health Plans in the Crossfire: Facilitating Reproductive Choice in the Wake of Dobbs v. Jackson Women’s Health," June 27, 2022, by Mintz
"Roe v. Wade Overturned: Implications for Plan Sponsors," June 27, 2022, by Winston & Strawn
"Employer-Provided Abortion & Travel Benefits: An Overview of Legal Considerations," June 27, 2022, by Dentons
"The Dobbs Decision: Post-Roe Considerations for Healthcare Providers," June 27, 2022, by Hancock Daniel
"U.S. Supreme Court Overturns Roe and Casey: What This Decision Means to Employers" June 24, 2022, by Jackson Lewis
"Issues Employers Should Consider Before Offering Abortion Assistance Benefits Post Roe v. Wade," June 24, 2022, by Troutman Pepper
"Dobbs v. Jackson Women’s Health: Implications for Employers and Employer Plan Sponsors" June 24, 2022, by Morgan Lewis
"Impact of the Dobbs Decision on Employer Benefit Plans" June 24, 2022, by Littler
"U.S. Supreme Court Decision Overturning Roe v. Wade and the Constitutional Right to and Abortion Will Impact Employee Benefits Plans," June 24, 2022, by FordHarrison
"Roe Overturned! Meeting Employee Heathcare Needs Post-Roe," June 24, 2022, by Bryan Cave Leighton Paisner
"Group Health Plan Considerations in the Face of (Potentially) Changing Abortion Laws," June 14, 2022, by Jackson Lewis
"Regardless of Roe, Employers Should Review Policies to Ensure Pregnancy Discrimination Act Compliance," May 26, 2022, by Babst Calland
3. Impact on employee travel benefits:
"Employer Travel Assistance for Reproductive Health Care," Sept. 27, 2022, by Kilpatrick Townsend
"Equal Access to Travel Benefits," July 29, 2022, by Seyfarth
"Employer-Paid Travel Assistance for Interstate Abortion Access," June 29, 2022, by Lowenstein Sandler
"Medical Travel Reimbursement Benefits Under the Supreme Court’s New Dobbs Decision," June 24, 2022, by Ogletree Deakins
"Employers Concerned About State Abortion Access Restrictions Weigh Options for Medical Travel Reimbursements," June 24, 2022, by Akerman
"Businesses Seek to Provide Abortion Travel Benefits in Light of Potential Supreme Court Decision," May 13, 2022, by Seyfarth
"Overview of Legal Issues in Covering Abortion-Related Travel Expenses," May 9, 2022, by Harter Seacrest & Emery
4. Privacy concerns:
***"HHS Proposes Changes to the HIPAA Privacy Rule to Strengthen Privacy Protections for Reproductive Health Care Information," April 25, 2023, by Ropes & Gray
"Not so fast: HHS OCR warns that HIPAA applies to online tracking technologies," Dec. 7, 2022, by Hogan Lovells
"Reproductive Information Protected by Both State and Federal Privacy Law," Dec. 5, 2022, by Day Pitney LLP
"The FemTech Revolution," Oct. 11, 2022, by Sheppard Mullin
"California Signs New Bill Prohibiting CA-based Tech Companies from Disclosing Data for State Abortion Investigations," Sept. 30, 2022, by McGuireWoods
"FTC Sues Data Broker Over Sales of Geolocation Data," Sept. 6, 2022, by Davis Wright Tremaine LLP
"Steps Any Organization Can Take to Protect Data Privacy Post-Dobbs," Aug. 15, 2022, by Morgan Lewis
"Biden Administration Seeks to Clarify Patient Privacy Protections Post-Dobbs, Though Questions Remain," Aug. 11, 2022, by Epstein Becker & Green, P.C.
"Privacy in a Post-Roe World: What Businesses of All Types Should Consider," Aug. 4, 2022, by Davis Wright Tremaine
"Tech Companies Need to Prepare for the Data Privacy Implications of Dobbs v. Jackson Women’s Health Organization," Aug. 3, 2022 by Goodwin Procter
"NIH Confidentiality Certificates Add Layer of Privacy Protection Post-Dobbs," July 26, 2022, by Hunton Andrews Kurth
"Privacy of Health Information Post-Dobbs and OCR Guidance on the Protections Afforded under HIPAA," July 21, 2022, by Ropes & Gray
"Privacy Post-Dobbs: Recent Guidance from U.S. Regulators," July 21, 2022, by Wilson Sonsini
"The Potential Impact of State Abortion Laws on Reproductive Health Apps," July 19, 2022, by Goodwin
"Recent FTC Post Commits to Protecting Sensitive Health Data After White House Issues Related Executive Order," July 18, 2022, by Baker Hostetler
"Privacy Post-Dobbs," July 8, 2022, by Proskauer
"HIPAA Privacy Concerns Post-Dobbs," July 5, 2022, by Mayer Brown
"California AG Urges Health Apps to Safeguard User’s Reproductive Health Information," June 13, 2022, by Reed Smith
5. Company policies:
"Glowforge "Flight to Safety" - Inclusive Healthcare Policy," April 14, 2022, by Glowforge
6. Criminal Implications:
"Post-Roe Criminal Implications for Multi-State Entities," July 11, 2022, by Baker Hostetler
7. Implications for lawyers:
"Texas Freedom Caucus Letter to Sidley Austin," July 7, 2022, by Texas Freedom Caucus
8. State implications:
***"Washington State is Set to Expand Protection of Consumer Health Data," April 21, 2023, by Paul Hastings
"Multistate AG Coalition Urges Approval of Nation’s First OTC Birth Control Pill," Nov. 10, 2022, by Cozen O'Connor
"The Aftermath of U.S. Supreme Court’s Dobbs: Where Are the States in Fall 2022?," Oct. 28, 2022, by Jackson Lewis
"Idaho Abortion Laws: New Law and EMTALA Exception Now Effective," Aug. 29, 2022, by Holland & Hart
"Post-Dobbs Abortion Enforcement: Nebraska Uses Facebook Messages as Evidence," Aug. 12, 2022, by Epstein Becker & Green, P.C.
"Managing State Law Risks of Employer-Sponsored Abortion-Related Travel Benefits Post-Dobbs," Aug. 8, 2022, by Mintz
"Supreme Court judgment triggers abortion bans in states, legislative action in others," Aug. 1, 2022, by Reed Smith
9. General resources:
"Section 101 Jurisprudence Still Sound Post-Dobbs," Aug. 25, 2022, by Knobbe Martens
"Texas Pre- and Post-Dobbs Landscape," July 14, 2022, by Seyfarth Shaw
"Post-Dobbs, States Seek to Define Laws Around Abortion Access," July 14, 2022, by Morgan Lewis
"Supreme Court Decision in Dobbs v. Jackson Women’s Health Organization Overturns 50 Years of Precedent on Abortion Laws and Rights," July 1, 2022, by Sheppard Mullin
"Preparing Corporate Messaging in the Wake of Dobbs," June 24, 2022, by Epstein Becker Green
"The Overturning of Roe v. Wade," June 24, 2022, by McDermott Will and Emory
10. Checklists:
"Employee Benefits Considerations for a Post-Roe Workplace," July 14, 2022, by Epstein Becker & Green, P.C.
"Employers: Checklist for a Post-Roe Workplace," July 14, 2022, by Epstein Becker & Green, P.C.
"Post-Roe Considerations for Digital Health and Other Companies Maintaining Personal & Health Information," July 14, 2022, by Epstein Becker & Green, P.C.
"Post-Roe Considerations for Research Institutions, Medical Product Developers, and Research Services Providers," July 14, 2022, by Epstein Becker & Green, P.C.
"Post-Roe Corporate and Transactional Considerations for Health Care Providers and Other Entities Whose Operations Are Impacted by New Restrictions," July 14, 2022, by Epstein Becker & Green, P.C.
"Post-Roe Considerations for Health Care Provider Entities," July 14, 2022, by Epstein Becker & Green, P.C.
11. Webinars:
"How Employers Can Best Navigate the Practical and Litigation Realities in a Post-Dobbs World," Sept. 28, 2022, presented by Cozen O'Connor
"Nonprofit Organizations Network Legal Update: After Roe - Issues and Challenges: Critical Employment and Benefits Issues," Aug. 9, 2022, presented by Polsinelli P.C.
"Counseling Corporate Executives in a Post-Dobbs Legal Landscape: What In-House Counsel Should Know," July 26, 2022, presented by Foley & Lardner LLP
"Dobbs v. Jackson Women’s Health Organization: What it Means for Employers," July 6, 2022, presented by Jackson Lewis
12. Government guidance:
"Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions," Dec. 23, 2022, by US Department of Justice, Office of Legal Counsel
"CMS Releases New EMTALA Training Materials," Dec. 21, 2022, by Holland & Knight
"OCR Provides Post-Dobbs Guidance on Non-Discrimination to Pharmacies," Sept. 28, 2022, by Mintz
"Biden Administration Reminds Employers that Contraception is Required under ACA’s Preventive Care Mandate with a Few Surprises," Aug. 9, 2022, by Kilpatrick Townsend
"Executive Order on Securing Access to Reproductive and Other Healthcare Services," Aug. 3, 2022, by White House
"FACT SHEET: President Biden Issues Executive Order at the First Meeting of the Task Force on Reproductive Healthcare Access," Aug. 3. 2022, by White House
"Readout of First Convening of Lawyers in Defense of Reproductive Rights and Justice," Aug. 1, 2022, by White House
"HIPAA guidance on disclosures relating to reproductive healthcare: Risk mitigation and strategies," July 26, 2022, by DLA Piper
"In Wake of Dobbs Decision, CMS Issues Guidance to Hospitals on EMTALA Obligations," July 22, 2022, by Epstein Becker & Green, P.C.
"The Biden Administration’s Guidance on Risks to Privacy of Reproductive Health Information Post-Dobbs," July 21, 2022, by Wilmer Hale
"Dobbs – US Goverment's Response and Its Impact on the Healthcare Industry," July 19, 2022, by Morgan Lewis
"HHS OCR Guidance to 60,000 Retail Pharmacies: Refusal to Fill Rx Based on Potential Pregnancy Termination Concerns Is a Civil Rights Violation, Will Be Investigated," July 18, 2022, by Baker Hostetler
"CMS Clarifies That in Medical Emergencies Involving Pregnant Patients, EMTALA Preempts State Laws Prohibiting Abortions," July 15, 2022, by Davis Wright Tremaine LLP
"CMS issues clarifying EMTALA memorandum in the wake of Dobbs," July 15, 2022, by Norton Rose Fulbright
"OCR Issues Guidance Regarding Disclosures Related to Reproductive Health Care," July 14, 2022, by Troutman Pepper
"HHS Issues Guidance to the Nation’s Retail Pharmacies Clarifying Their Obligations to Ensure Access to Comprehensive Reproductive Health Care Services," July 13, 2022, by US Department of Health and Human Services
"HHS Issues Reminder about EMTALA Obligations to Pregnant Women Post-Dobbs," July 13, 2022, by Nelson Mullins
"Federal Government Response to Dobbs Begins to Take Shape," July 12, 2022, by Seyfarth
"HHS Announces Guidance to Clarify that Emergency Medical Care Includes Abortion Services," July 11, 2022, by Dept. of Health & Human Services
"Executive Order on Protecting Access to Reproductive Healthcare Services," July 8, 2022, by White House
"FACT SHEET: President Biden to Sign Executive Order Protecting Access to Reproductive Health Care Services," July 8, 2022, by White House
"Post-Dobbs – Government Agencies Seek to Provide Guidance," July 7, 2022, by Mintz
"HHS issues guidance on disclosures of patient reproductive health information," July 5, 2022, by Hogan Lovells
"HHS Issues Guidance to Protect Patient Privacy in Wake of Supreme Court Decision on Roe," June 29, 2022, by US Department of Health and Human Services
"Attorney General Merrick B. Garland Statement on Supreme Court Ruling in Dobbs v. Jackson Women’s Health Organization," June 24, 2022, by Dept. of Justice
13. Implications for healthcare providers:
"FDA Approval Mifepristone REMS Program Modification Expands Patient Access to Abortion Care," Jan. 20. 2023, by Sheppard Mullin
"FDA Enables Pharmacies to Dispense Abortion-inducing Mifeppristone in Revised REMS," Jan. 17, 2023, by Morrison Foerster
"DOJ Clears the Way for USPS to Deliver Abortion Drugs by Mail," Jan. 13, 2023, by Dinsmore & Shohl LLP
"New Challenge to Abortion Access Takes on FDA Drug Approvals," Nov. 30, 2022, by Arent Fox
"Providing Healthcare in a Post-Dobbs America Presents Evolving Challenges," Aug. 18, 2022, by Akerman
"The Room Where It Happens: The Autonomy of the Hospital Ethics Committees Post-Dobbs," July 14, 2022, by Baker Hostetler
14. Federal preemption:
"Preemption in the abortion context – recent cases shed light on limits of federal law to supersede state restrictions," Sept. 20, 2022, by DLA Piper
"EMTALA in the Post-Dobbs World," Sept. 13, 2022, by Sheppard Mullin
"Idaho Abortion Law: The Limited EMTALA Exception," Aug. 26, 2022, by Holland and Hart
"DOJ Alleges Idaho Abortion Law Violates EMTALA," Aug. 3, 2022, by Baker Hostetler
"Justice Department Sues Idaho to Protect Reproductive Rights; Complaint Alleges Idaho Law Violates EMTALA ," Aug. 2, 2022, by US Dept. of Justice
"EMTALA and the South Carolina Fetal Heartbeat and Protection from Abortion Act," July 18, 2022, by Haynsworth Sinkler Boyd
"Post-Roe Women’s Care and Compliance in Ohio and Emergency Medical Treatment and Labor Act," July 18, 2022, by Dinsmore
"Novel ERISA Preemption Questions Presented by U.S. Supreme Court’s Dobbs Decision," June 30, 2022, by Jackson Lewis
15. Fetal personhood:
"Georgia Dept. of Revenue Guidance on Claiming Tax Exemption for Unborn Child," Aug. 1, 2022, by Georgia Dept. of Revenue
16. Impact on employee speech:
"Addressing Employee Speech in Times of Controversy," July 28, 2022, by Taft
17. International issues:
"Why Dobbs Matters to International Companies and Visitors," June 30, 2022, by Harris Bricken
18. Attorney-Client Privilege:
"Will ‘Dobbs’ Advice Erode the Attorney-Client Privilege?" Aug. 31, 2022, by Mintz
19. Impact on Shareholders:
"Shareholder Focus on Reproductive Rights Post-Dobbs," Oct. 4, 2022, by Wilmer Hale
20. Additional resources:
"Interactive Map: US Abortion Policies and Access After Roe," updated regularly, by Guttmacher Institute
"Interactive map on how state abortion policies shape access to coverage," Jan. 20, 2023, by Kaiser Family Foundation