Last year, around this time, many employers were examining travel benefits under their health and welfare plans, in light of the Dobbs decision.
A one year check-in on how those benefits are doing may be in order.
As a reminder, immediately following the Dobbs decision, many plan sponsors amended their group health plans to include travel benefits to enable participants to seek medical care in other locations when such care is not available nearby.
As we near the first anniversary of the Dobbs decision, it may be an opportune time for plan sponsors to review these travel benefits to determine if any adjustments are necessary, including to ensure that these benefits are providing the expected intent and to close any loopholes that resulted in unexpected costs.
Before implementing any changes to travel benefits under a group health plan, plan sponsors should consult with ERISA counsel to ensure that such design changes are legally permissible and do not violate or implicate other laws, including:
- the Mental Health Parity and Addiction Equity Act (MHPAEA); and
- long-arm state statutes that bar aiding and abetting of the performance or inducement of certain medical procedures.
As always, any changes would likely need to be reviewed and approved by third-party administrators before they are implemented.
And don’t forget to document and communicate any changes in accordance with applicable law.