Overview
Organizations—in their roles as employers, health care providers, or companies whose products and services are used in the delivery of reproductive health care—are dealing with the myriad issues arising from the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and the overturning of Roe v. Wade, including how those issues impact their businesses, employees, patients, products, and services.
Questions and challenges you may be weighing include the following:
- As an employer, if you haven’t already done so, should you update your group health plans or company policies to clarify which abortion- or reproductive care-related services, procedures, and reimbursements are covered or not covered? How do you effectively communicate with employees about such plans and policies? What type of liability can accompany such decisions? Have you been monitoring recent litigation and enforcement activities and their impact on the potential risks associated with maintaining such policies?
- As a health care provider, what new changes in the ability to provide abortion services, treat conditions, and distribute contraception will apply to you?
- If you manufacture, distribute, prescribe, or dispense medications used to induce abortions, how will the litigation making its way through the federal court impact your operations?
- For digital health companies and other entities that maintain personal health information, what are the privacy and data security concerns related to abortion services and other reproductive care?
- As a provider of telehealth services, how will evolving changes at the state level and recent litigation in the federal courts impact your ability to prescribe medication abortion and emergency contraception, as well as the ability of pharmacies to deliver these products to patients?
- As research institutions and medical product developers, how will new changes impact research activities involving human reproductive tissues and abortion-related products and procedures? Will sponsors performing clinical research on investigational products face heightened liability risks if those studies are conducted in states in which abortion is banned or significantly restricted?
These are just a few of the questions our clients continue to face, and we are here to guide them through the many issues they may need to address as a result of the evolving patchwork of laws and enforcement actions impacting abortion and reproductive health care following the Dobbs decision.
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Events
Past Events
- June 12-14, 2023
- March 16, 2023
- January 25, 2023
- January 24, 2023
Insights
Insights
- Media CoverageErin Sutton Quoted in “3 Things to Know About Proposed OTC Contraception Regs”3 minute read
- BlogsGeorgia & North Dakota: More State Judges Question the Constitutionality of Abortion Bans11 minute read
- BlogsVideo: New HIPAA Final Rule - Key Changes to Reproductive Health Care Privacy – Thought Leaders in Health Law3 minute read
- Blogs
Another Leak Confirmed and Other Important Decisions and Divisions Issued, but Not Loper or Trump - SCOTUS Today ...
9 minute read - Media CoverageErin Sutton Quoted in “SCOTUS Mifepristone Ruling Leaves Employers in Coverage Quandary”3 minute read
- BlogsTexas Supreme Court Declines Opportunity to Hear Personhood Case7 minute read
- BlogsSupreme Court Rejects Challenge to FDA Approval of Mifepristone on Standing, but the Battle Continues9 minute read
- BlogsFDA Wins Mifepristone Case, NLRB Denied Lower Injunctive Relief Standards, and “Trump Too Small” Denied Trademark ...7 minute read
- BlogsLouisiana Becomes First State to Classify Mifepristone and Misoprostol as Controlled Substances13 minute read
- BlogsHHS Publishes Final Rule to Support Reproductive Health Care Privacy10 minute read
- BlogsEEOC Final Rule Implementing the Pregnant Workers Fairness Act Ignites Lawsuits from 19 States8 minute read
- Media CoverageJennifer Barna Quoted in “Stryker Worker Appeal Puts Focus on Early Leave for Child Birth”3 minute read
- PublicationsState Supreme Courts and Ballot Initiatives: Arizona, Florida Exemplify the Abortion Battle Playing Out in the States ...14 minute read
- BlogsEEOC Final Rule Implementing the Pregnant Workers Fairness Act9 minute read
- Media CoverageJenny Nelson Carney Discusses Effects of Emergency Abortion Care Case Set to Go Before U.S. Supreme Court3 minute read
- BlogsUpdate: Alabama Legislature Moves to Shield IVF from “Personhood” Ruling5 minute read
- BlogsIn Alabama, Pre-Embryos are “Extrauterine Children” Under the State’s Wrongful Death Statute11 minute read
- BlogsCMS Announces Comprehensive Plan to Ensure EMTALA Compliance8 minute read
- Media CoverageJames Boiani Quoted in “FDA Braces for High Court, Final Rule Moves in Election Year”3 minute read
- BlogsAbortion Rights to Be Codified in Ohio State Constitution4 minute read
- PublicationsHandling Religious Objections to Abortion-Related Job Duties2 minute read
- Firm AnnouncementsEpstein Becker Green Recognized with Legal Marketing Association 2023 "Your Honor" Award3 minute read
- BlogsEEOC’s Proposed Regulation for Pregnant Workers Fairness Act Contemplates Abortion-Related Accommodations10 minute read
- Media CoverageNancy Gunzenhauser Popper Quoted in “Anti-Abortion Groups Flood Pregnancy Law Comment Forum”3 minute read
- Firm Announcements
Epstein Becker Green Receives New York Law Journal’s 2023 Innovation Award
4 minute read - Media CoverageLaw360’s Hottest Firms and Stories Features Epstein Becker Green Insight on Abortion Takeaways 1 Year After Dobbs1 minute read
- Publications
3 Abortion Enforcement Takeaways 1 Year After Dobbs
2 minute read - Blogs
HHS Proposes Amendments to HIPAA That Protect Reproductive Health Care Information in Wake of Dobbs
8 minute read - BlogsMichigan Passes Amendment to Elliott-Larsen Civil Rights Act to Protect Abortion Rights3 minute read
- BlogsPodcast: The Legal Battle Over Mifepristone - Diagnosing Health Care3 minute read
- BlogsThe Legal Battle Over Mifepristone10 minute read
- Firm Announcements
Susan Gross Sholinsky, Cassandra Labbees, Delia Deschaine Named “Top Women Faculty” for Dobbs-Related Thought ...
4 minute read - Publications
Abortion-Related Time Off After Dobbs: How the Family and Medical Leave Act and Other Laws Might Apply
3 minute read - Publications
Legal Landscape for Fertility Treatment in the U.S. in the Wake of Dobbs – Some Answers, More Open Questions. What Will ...
4 minute read - Media CoverageThe Hill Cites Analysis of the Reproductive Landscape Post-Dobbs, Authored by Erin Sutton, Richard Hughes, Virginia ...3 minute read
- PublicationsThe 2023 State Legislative Sessions: The Next Abortion Battleground3 minute read
- Publications
Top Ten Issues in Health Law 2023—Reproductive Health Rights in a Post-Roe Era
3 minute read - Publications
Abortion-Related Time Off After Dobbs: How the FMLA and Other Laws Might Apply
22 minute read - Firm AnnouncementsEpstein Becker Green Honored for Outstanding Leadership in Business by Northeast Business Group on HealthDecember 7, 20223 minute read
- BlogsFive States Put Abortion Questions on the Ballot; Health Care and Other Employers Should Stay Tuned10 minute read
- Media CoverageRichard Hughes, Devon Minnick Featured in “ACA Contraceptive Coverage Requirements Are Confusing, Healthcare ...2 minute read
- PublicationsHRSA’s Confusing, Out-of-Date Guidance Undermines Contraceptive Coverage and Access2 minute read
- Media CoverageAlaap Shah Quoted in “3 Months After Court Ruling, Uncertainty Persists Over Abortion Legal Status”3 minute read
- Firm Announcements
Epstein Becker Green’s Amy Dow Honored in Crain’s 2022 Notable Women in Law
2 minute read - Publications
The Perils of Navigating Post-Dobbs Anti-Abortion Enforcement Regimes
2 minute read - Publications
Disorder in the Post-Roe World? . . . “It Is So Ordered” by the Dobbs Court
2 minute read - Blogs
Post-Dobbs Abortion Enforcement: Nebraska Uses Facebook Messages as Evidence
5 minute read - Blogs
Biden Administration Seeks to Clarify Patient Privacy Protections Post-Dobbs, Though Questions Remain
11 minute read - Media Coverage
Epstein Becker Green Expands “From Roe to Dobbs” Resource Center for Employers and Health Care / Life Sciences ...
1 minute read - Publications
In Wake of Dobbs Decision, CMS Issues Guidance to Hospitals on EMTALA Obligations
12 minute read