Amy Jordan Wilkes and C. Logan Hinkle were featured in the August 5, 2022 issue of the Birmingham Business Journal discussing what the overturning of Roe V. Wade means for Alabama business’ company health insurance plans. Companies of all sizes could be affected by the law, but large, multi-state companies could have more unanswered questions to address given the disparate laws related to abortion across the U.S.

“The clients that I’ve spoken with on the topic are looking for additional guidance from somewhere,” Hinkle said.

A top issue of discussion is whether Alabama employers can pay for travel for an abortion with company health insurance plans. While most with self-funded plans can likely do so, the answer is less certain for employers with fully insured plans.

“One area of law to watch in the coming months is how states change their insurance codes to address coverage for abortion,” Wilkes said.

Some state laws empower citizens to sue parties that aid and abet abortions that violate their restrictions, such as Texas, which could include insurance providers that cover travel costs for the procedure. “Somebody will challenge it,” Hinkle said. “It could either be an employer that is trying to cover abortions or cover travel for abortions.”

While the issue of whether companies with fully insured plans can cover travel for an abortion isn’t fully settled in Alabama yet, Wilkes suggested the federal level could provide clarity. “Justice Kavanaugh mentioned in his concurrence that restrictions on traveling to another state to get an abortion would likely be unconstitutional,” she said.

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