Perspective: Post-Roe, can states ban employer abortion-related aid? It’s not that simple.
Whether it’s about reputation, retention or revenue, these employers have concluded that supporting reproductive rights, like combating racism and protecting the environment, is a stance they can’t afford not to take.
Under the Employee Retirement Income Security Act of 1974 , fully insured group health plans, where an employer buys health insurance for its employees through a commercial insurer, are subject to state laws, Ellerbrock said. Even in states where abortion is still legal, employees in antiabortion work environments may be afraid of being harassed or losing their jobs if they seek an abortion. But they do at least have some job protections under current law.Let’s start with employees of companies that offer abortion-related benefits through self-insured ERISA health plans. Workers may have concerns about their privacy if they try to claim those benefits.
Any claims data that the employer sees is scrubbed to show only how much is being spent and on what kinds of services, without identifying whom it’s being spent on.Further, employers that administer their own plans in-house should have a HIPAA privacy officer who is required by law to keep individuals’ medical information private from the employer, Ellerbrock says.
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