Enter to open, tab to navigate, enter to select
Newly Launched, ReproductiveRights.gov Website Addresses Access to Medication Abortion (Mifepristone) Using Telehealth
Practical Law Legal Update w-037-4804 (Approx. 5 pages)
Newly Launched, ReproductiveRights.gov Website Addresses Access to Medication Abortion (Mifepristone) Using Telehealth
by Practical Law Employee Benefits & Executive Compensation
| Published on 08 Nov 2022 • USA (National/Federal) |
In response to the Supreme Court's Dobbs ruling, which overturned the federal constitutional right to abortion, the Biden administration's Department of Health and Human Services (HHS) has launched a website (reproductiverights.gov) regarding access to abortion and contraceptives services. Among other topics, the website addresses federal guidelines governing medication abortion obtained via telehealth and mail.
In response to the Supreme Court's Dobbs decision, which overturned the federal constitutional right to abortion, the Biden administration's HHS has launched a website—ReproductiveRights.gov—addressing reproductive health care rights, including access to abortion and contraceptives services (Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228 (2022)). For more information on the Dobbs ruling and implications for employer-sponsored health plans:
- Search "Dobbs /5 Jackson" on the Practical Law website.
HHS's website addresses various facets of reproductive health care, including:
- Other preventive health services under the Affordable Care Act (ACA) (see Practice Note, Preventive Health Services Under the ACA, Other Than Contraceptives). These preventive services include:
- well-woman visits, including pap smears and breast exam (see Practice Note, Preventive Health Services Under the ACA: Well-Woman Visits);
- counseling and screening services;
- breast and cervical cancer screenings;
- prenatal care and breastfeeding services/supplies;
- interpersonal violence screening and counseling (for example, sexual assault evidence collection exams).
- Abortion (including medication abortion) and restrictions on abortion-related services under recently enacted (or revived) state-law restrictions.
- HIPAA privacy protections concerning reproductive health care (see HIPAA Privacy, Security, and Breach Notification Toolkit and Legal Update, In Post-Dobbs Guidance, HHS Addresses Disclosures of Abortion-Related Information).
Regarding abortion, HHS indicates on its website that, post-Dobbs, an individual's access to abortion services will depend largely on the state in which the individual lives. HHS notes, however, that federal regulations permit medication abortions to be dispensed by telehealth and sent via mail order. In late 2021, as background, the Food and Drug Administration (FDA) removed a federal requirement that mifepristone—an FDA-approved medication abortion drug—be prescribed in person (see FDA Q&As on Mifeprex (Dec. 16, 2021)). Under the FDA's guidance, removal of the in-person dispensing requirement allows mifepristone to be dispensed by mail using certified prescribers or pharmacies. However, some states have imposed restrictions or prohibitions on telehealth visits for the purpose of obtaining medication abortion. (For more information on telehealth services, see Practice Note, COVID-19 Compliance for Health and Welfare Plans: Telehealth and Other Remote Care Services.)
Other topics on HHS's reproductive rights website include:
- Resources for locating abortion services and seeking legal and financial assistance.
- Accessing contraceptives and other preventive health services (see Practice Notes, Contraceptives Coverage Under the ACA and Preventive Health Services Under the ACA, Other Than Contraceptives).
- The right to emergency care under the Emergency Medical Treatment and Labor Act (EMTALA), including for abortion procedures (see Legal Update, White House Addresses Access to Reproductive Health Care, Including Abortion, in Second Post-Dobbs Executive Order: HHS's Response to Dobbs Ruling).
- Access to prescription medications, including contraceptives and abortion medications (see Legal Update, In Post-Dobbs Guidance, HHS Addresses Sex and Disability Discrimination Rules for Pharmacies).
Practical Impact
As HHS's reproductive rights website acknowledges, state law will play a significant role—post-Dobbs—in determining individuals' access to abortion services. Moreover, state laws in this space are in flux as state legislatures enact new and, in many cases, more restrictive laws governing access to abortion. Employers that have modified their coverage of abortion and related services (including travel reimbursement benefits) in response to Dobbs remain concerned about their potential civil and criminal liability under some states' abortion-related laws (see Article, ERISA Preemption and Post-Dobbs Abortion Coverage for Employer-Sponsored Health Plans). For more information on state abortion laws, access Practical Law's Quick Compare resource (available on the homepage of the Practical Law website).