Post-Roe Resource Center

THE OVERTURNING OF ROE V. WADE

RESOURCE CENTER

On June 24, 2022, the Supreme Court of the United States issued its decision in Dobbs v. Jackson Women’s Health Organization (Dobbs), overturning Roe v. Wade (Roe) and upending 50 years of precedent protecting a woman’s right to privacy in choosing to abort a pregnancy prior to the point of viability. This decision has triggered widespread legal uncertainty concerning the delivery of reproductive and family planning services, as well as the provision of reproductive health and family planning benefits and related travel benefits.

Understanding the importance of women’s health, we assembled a cross-practice team long ago focusing on reproductive health. In the wake of Roe being overturned, this group is at the forefront of monitoring the evolving landscape and analyzing the broad impact on organizations across the US. We are counseling clients on the myriad challenges they’re facing, including a wide array of compliance and risk mitigation issues, as we help them navigate through the uncertainty.

We are also addressing these topics through webinars, thought leadership and interactions with the media. Issues we’re covering include:

  • Care coordination
  • Data rights and privacy
  • Digital health formation and continued operations
  • Employee benefits
  • Government strategies
  • IVF and fertility impact
  • Litigation
  • Medical emergency cases and EMTALA
  • Nonprofit tax
  • Pharmacy-specific implications
  • Reproductive healthcare services
  • Scope of liability
  • Subpoenas and other enforcement
  • Telehealth issues
  • Workforce management

 

This resource center will remain updated with the latest information, announcements of upcoming webinars, recordings of past webinars, checklists, thought leadership and media coverage. Subscribe now to receive post-Roe updates.

MAP

View the current landscape of abortion bans by state. This map will continue to be updated.
Data as of July 2023.

INSIGHTS & RESOURCES

50-STATE RESEARCH CHART

To help our clients understand and stay apprised of the quickly evolving state regulations, we have created a 50-state research chart that is regularly updated, covering the following key areas in a user-friendly and comprehensive format.

  • Abortion bans (including zombie laws and trigger laws)
  • Criminal, civil and administrative penalties
  • Restrictions on abortion advertising
  • Other relevant information, such as important definitions, exceptions and recent updates (e.g., injunctions on enforcement)

Please contact us to learn more about this resource, its benefits and how you can access it.


CHECKLIST

Post-Roe Risk Mitigation Checklist, July 14, 2022


ARTICLES

HHS Publishes New Rights of Conscience Final Rule, February 8, 2024

California’s New Reproductive Privacy Laws AB 352 and AB 254 Create Complexities For Health Information Sharing, November 17, 2023

Proposed Universal Contraceptive Coverage in Response to Roe Reversal, February 9, 2023

Employers Seek Clarity on Reproductive Healthcare Benefits Litigation Following EEOC Commissioner Filing, November 28, 2022

FTC Flexes Its Muscle in Suit Against Kochava (But May Not Like the Results), August 31, 2022

HHS Issues Proposed Rule Under Section 1557 of the Affordable Care Act: Nondiscrimination in Health Programs and Activities, August 5, 2022

Navigating Data Privacy Questions Post-Dobbs, July 8, 2022

The Overturning of Roe v. Wade, June 24, 2022

Preparing for the Demise of Roe v. Wade and the Criminalization of Abortion in Some US States: Practical Considerations for a Post-Roe World, June 14, 2022

Employers Explore Abortion Coverage Continuation, May 31, 2022


WEBINARS

Check back for upcoming webinars and watch recordings from past ones.

IN THE NEWS

Firms are Helping Employers Navigate Post-Dobbs Health Benefits and Abortion Coverage, ABA Journal, April 1, 2023

Legal Risks Loom For Employers Protecting Abortion Access, Law360, October 14, 2022

A Look at Texas’ Abortion Lawsuits This Week: “The Litigation is Just Getting Started”, MedCity News, August 26, 2022

Insurer’s Response to Dobb‘s Decision – Is Teleabortion the Answer?, Managed Healthcare Executive, August 25, 2022

Insurers Face Host of Issues Navigating Changing Abortion Landscape, Health Payer Specialist, August 23, 2022

What do GCs Need to Know Right Now About Abortion Trigger Bans, HIPAA and How to Not Break the Law?, MedCity News, August 12, 2022

How the Overturning of Roe v. Wade Could Affect US Employer-Sponsored Benefits Plans, Benefits Canada, August 10, 2022

HIPAA Faces Test in New Abortion Reality, Axios, August 10, 2022

Want to Provide Abortion Travel Benefits at Your Company? Here’s How to Protect Employees, Corporate Counsel, August 1, 2022

After Abortion Ruling, Watch Cross-Border Jurisdiction Issues, Part B News, July 18, 2022

Demand For Telehealth Abortions Spiked After a Recent FDA Ruling. How Will Startups Fare in a Post-Roe America?, Fortune, July 15, 2022

Workers’ Abortion Privacy at Risk as Texas Targets Employer Aid, Bloomberg Law, July 15, 2022

ER Docs in Abortion Bind as Feds Say US Law Tops States, Bloomberg Law, July 13, 2022

Abortion Insurance Coverage is Now Much More Complicated, The New York Times, July 12, 2022

Employers Offering to Cover Travel for Out-of-State Abortions Must Monitor Changing Laws, Benefits Pro, July 7, 2022

UBS, Edward Jones And Others Keep Mum About Covering Abortion Travel Costs, Advisor Hub, July 7, 2022

Legal Experts Argue Your Boss Can’t Fire You For Getting An Abortion, But It’s More Complicated Than That, Business Insider, June 29, 2022

Dobbs Ruling Lays Bare Data Privacy Protection Gaps, Law360, June 29, 2022

Employees, Employers Find Their Way After Roe v. Wade Decision, USA Today, June 27, 2022

As Supreme Court Overturns Roe v. Wade, Insurance Coverage of Abortion is About to Get Even More Complicated, MarketWatch, June 24, 2022

What Employers Should Do Now That Roe Has Fallen, Law360, June 24, 2022

Companies Offering to Cover Travel for Out-of-State Abortions Will Face Daunting Patchwork of Laws, Corporate Counsel, June 24, 2022

‘Chaos’ From State Abortion Bans Going into Effect Will Have Legal, Criminal Implications for Providers, Healthcare Dive, June 24, 2022

Abortion Questions Swirl Over Health Attys In Post-Roe World, Law360, June 24, 2022

Overturned Abortion Law Would Jeopardize Doctors, Modern Healthcare, June 22, 2022