Lexology January 17, 2024
Reed Smith LLP

In the Post-Dobbs landscape, some states have passed laws criminalizing abortion access and subjecting abortion providers who provide abortion care to potential civil and criminal liability and professional discipline, including licensure revocation. In response, other states have passed shield laws to protect people who perform and undertake such care against the possibility of prosecution. Both create exposure and compliance risk for managed care organizations (MCOs).

Key takeaways

  • Many states banned abortion after the Dobbs decision, and Alabama’s attorney general has pledged to enforce Alabama’s abortion ban across state lines
  • Other states passed shield laws to protect people seeking, providing or assisting abortion care against interstate prosecution of abortion bans
  • MCOs should carefully administer abortion or related travel benefits for...

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Topics: Govt Agencies, Insurance, Medicare, Medicare Advantage, Patient / Consumer, Payer, Provider, States
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