HR Policy Association

HR Policy Asks for New Guidance on the Impact of Dobbs on Travel Benefits

The Association sent a letter to the Biden administration urging them to strengthen and strongly defend ERISA preemption and provide much-needed guidance to companies who provide travel-related benefits as part of their self-insured health plans and Employee Assistance Programs (EAP).

Significant policy concerns and questions surround the Dobbs v. Jackson Women’s Health Organization decision for multi-state employers who provide travel-related benefits as part of their ERISA-covered health plans or as part of an excepted benefit EAP.

 The Association’s letter specifically asks the Department of Labor to:

  • Strengthen and strongly defend ERISA’s preemption provisions, particularly as it pertains to state efforts to pursue civil and criminal actions against health plan sponsors; and

  • Clarify that multi-state employers can provide travel benefits as part of an excepted benefits EAP.

The letter also asks for a meeting to discuss significant legal and health plan questions for employers regarding civil and criminal liability, travel benefits, the implications for other federal laws (i.e., Title VII, pregnancy discrimination), telehealth benefits and certain medications, and other issues.

Outlook: The Association is evaluating and pursuing a variety of advocacy avenues to address the significant legal and policy concerns and questions our members have regarding the impact of Dobbs decision on their benefit offerings.

Published on: July 15, 2022

Authors: D. Mark Wilson

Topics: Employment Law, Federal Health Care Reform

D. Mark Wilson

President and CEO, American Health Policy Institute

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