In the aftermath of the decision in Dobbs v. Jackson Women’s Health Organization, some plan sponsors have adopted changes to their health plans to enhance benefits for abortion services—to various reactions from employees. Additionally, certain lawmakers (and other organizations) have sent plan sponsors letters threatening to sue the plan sponsor for violation of a state law that bans abortion—even when the employee received an abortion (or abortion medication) in a state where it is legal, but that person resides in a state where abortion is illegal.

At this chapter meeting, Mary Powell will discuss the issues that have arisen since plan sponsors began enhancing the abortion service benefits in their health plans, such as:

•  A deep dive into claims that may be brought against a plan sponsor;
• Tax issues for the added benefits
• Whether travel and lodging benefits can be included in an Employee Assistance Plan (EAP)
• A recent federal case regarding medication abortions
• Protective provisions to include a health plan that covers abortion services
• Discussing possible issues under the Mental Health Parity and Addiction Equity Act
• What may come next

MARY E. POWELL is a Director at Trucker Huss, APC in San Francisco, CA.  She has over two decades of experience in all aspects of employee benefits.  Currently, her main focus is assisting employers with the implementation of the Consolidated Appropriations Act, 2021 (CAA), the Patient Protection and Affordable Care Act (ACA) and drafting executive compensation plans. Mary assists employers with obtaining Private Letter Rulings from the IRS and she submits comments to the Departments of Treasury and Labor both prior to the issuance of regulations and in response to proposed guidance issued by those agencies.

Mary is a Chambers rated lawyer and has been listed as a Top-Rated Employee Benefits Attorney by Northern California Super Lawyers since 2017.  She earned and LL.M. in Taxation, with distinction, from Georgetown University Law Center, J.D. with honors from Golden Gate University, and B.A. in Rhetoric and Philosophy from Willamette University.