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Increasing numbers of laws Experts say that many large U.S. companies will pay for travel expenses for employees who have to leave their hometown to undergo an abortion, but these new policies will bring the company into lawsuits and potential criminal liability. He said he could be exposed to.
Amazon.com Inc, Apple Inc, Lyft Inc, Microsoft Corp, JPMorgan Chase & Co have these through their health insurance plans in anticipation of overturning the US Supreme Court ruling on Friday. It was one of the companies that announced plans to provide benefits. The groundbreaking 1973 Roe v. Wade decision that legalized abortion nationwide.
Within an hour of the decision being announced, Condé Nast's CEO Roger Lynch sent a note to staff, announced a travel refund policy, and the court's decision. The ruling was called a "catastrophic blow to fertility." Walt Disney Co announced a similar policy on Friday, recognizing the impact of the abortion ruling, but informing employees that it is still committed to providing comprehensive access to quality medical care. ..
Health insurance companies Cigna Corp, Paypal Holdings Inc, Alaska Airlines Inc and Dick's Sporting Goods Inc also announced redemption policies on Friday.
As a result of Friday's ruling, abortion restrictions have already been enforced in 13 states, and at least 12 other Republican-led states are expected to ban abortions.
A conservative majority court ruling upheld Mississippi law prohibiting abortion after 15 weeks. Meanwhile, some democratic-led states are working to increase access to abortion.
Companies need to navigate state law patchwork and adopt policies to assist abortion employees, which can lead to anger in anti-abortion groups and Republican-led states. there is.
Texas state legislators have already threatened Citigroup Inc and Lyft, who had previously announced travel refund policies, with legal implications. Last month, a group of Republican lawmakers addressed to Lyft CEO Logan Green said Texas would "take swift and decisive action" if the ride-hailing company implemented the policy.
The legislature also includes a bill banning companies from doing business in Texas if state residents pay to have an abortion elsewhere, I have outlined a series of abortion-related proposals.
Law Room
In a proceeding from a state or anti-abortion activist claiming that abortion-related payments violate the state's ban on promoting, supporting and betting abortion. It can be only a matter of time before a company faces it. According to Robin Fretwell Wilson, a law professor at the University of Illinois and a medical law expert.
"If you can sue me as someone to carry your daughter across state boundaries, you can sue Amazon to pay for it," Wilson said.
Amazon, Citigroup, and other companies that announced their redemption policy did not respond to requests for comment. "We believe that access to healthcare is essential and that transportation will never be an obstacle to that access," said a Lyft spokeswoman.
For many large companies funding their own health insurance, federal law governing employee benefits is an important cover of civil proceedings regarding their reimbursement policy. Said several lawyers and other legal experts.
The 1974 Employee Retirement Income Security Act (ERISA) prohibits the state from adopting "related" requirements for employer-sponsored health insurance. For decades, courts have interpreted terms prohibiting state law that regulates what health insurance can and cannot cover.
ERISA regulates employer-funded benefits, known as self-insurance. According to the Kaiser Family Foundation, in 2021, 64% of employer-sponsored health insurance in the United States had self-insurance.
Companies sued for redemption requirements for abortion travel cite ERISA as a defense, according to Katy Johnson, senior health policy adviser to the U.S. Benefits Council's industry group. It is highly possible. And that would be a strong debate, she said, especially for companies that do not pick out abortions and have a general reimbursement policy for the medical-related travel they need.
Johnson says abortion-related policies are still relatively rare, but refunds for other types of medical-related travel, such as visits to hospitals designated as "Center of Excellence," Already said it is common.
"This may seem new, but it's not in the general sense, and the law already teaches us how to handle it," Johnson said.
Limits
There are limits on the arguments. Fully insured health insurance, where employers purchase insurance through a commercial insurance company, covers about one-third of insured workers and is regulated by state law rather than ERISA.
Most SMEs have fully insured plans and could not claim that ERISA is preventing the state from limiting the scope of abortion.
And ERISA cannot prevent the state from enforcing criminal law like some states that support abortion and make abortion a crime. Therefore, employers who adopt a redemption policy are vulnerable to criminal charges from state and local prosecutors.
However, most abortion laws haven't been enforced for decades, so by Chicago-based lawyer Danita Merlau, who has advised businesses on profits since the law was decided. It is unclear whether the authorities will try to sue the company. problem.
(Report by Daniel Wisner of Albany, NY, edited by Alexia Garamfarvi, Grant McCool, Bill Burke)
