Based on their members' feedback, the group sent a letter to the departments. Their response outlined four main areas of concern.

The departments should protect plans and individuals by: "Supporting and defending ERISA preemption to the greatest extent possible. ERISA's broad preemption provisions offer strong federal legal protection for employer plans against state overreach. The departments must act now to ensure that ERISA serves as a deterrent against destructive challenges.
"Taking additional steps including rulemaking, if needed, to clarify HIPAA privacy provisions and protect covered entities, including employer plans, and others that act in accordance with HIPAA from overly aggressive state action. Health plans need to be able to protect health information without fear of state reprisals for following federal law.

The departments should make technical adjustments and accommodations recognizing the uncertainty facing plans by:

"Issuing guidance recognizing a universal distinction between medical travel benefits and major medical coverage, and permit compliant, tax-free medical travel benefits to be offered pre-deductible without disqualifying an individual from contributing to an HSA and without regard to whether it is offered within a group health plan.
"Temporarily accommodating and providing relief regarding expected volatility in reproductive health benefit coverages and medical travel benefits during Mental Health Parity and Addition Equity Act enforcement and assessments."

Garrett Hohimer, director of policy and advocacy for BGH, says many members expressed urgency about protecting plan members who were counting on the plan covering reproductive claims. But they were advised to go slow.

Instant Insights /

Plan sponsors have options in wake of Dobbs, but must be cautious

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