Business Group on Health Requests Departments Issue Guidance Post-Dobbs Decision

Business Group on Health requests DOL, HHS and Treasury urgently issue guidance for employers following SCOTUS Dobbs decision.

July 19, 2022

On July 6, 2022, Business Group on Health submitted a comment letter to the Departments of Labor (DOL), Health and Human Services (HHS), and Treasury (collectively the Departments) requesting the Departments urgently issue guidance for employer plan sponsors following the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization (Dobbs). With the Dobbs decision creating an unprecedented level of uncertainty for employer plan sponsors, the Business Group is requesting the Departments:

  • Affirmatively and unequivocally support and defend ERISA preemption to the greatest degree possible;
  • Undertake accelerated rulemaking to update HIPAA’s privacy protections related to covered entities’ ability to protect private health information (PHI);
  • Issue Treasury/IRS guidance assuring plan sponsors that travel benefits meeting IRC Section 213(d) requirements are categorically considered not “significant” and thus will not result in disqualification from contributing to a health savings account (HSA); and
  • Exercise enforcement discretion regarding Mental Health Parity and Addiction Equity Act (MHPAEA) compliance assessments to accommodate plan sponsors’ expected uncertainties and volatility regarding abortion services and travel benefits.

A copy of the Business Group’s comment letter and a summary is available here.

If you have questions, comments, or concerns about these or other regulatory and compliance issues, please contact us.

We provide this material for informational purposes only; it is not a substitute for legal advice.

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