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August 8, 2022
On Friday August 5, Senate Bill No. 1 (SB1) was signed into law by Indiana Governor Holcomb and becomes effective in the State as of September 15, 2022. This law makes changes to when an abortion may be performed legally in Indiana.
While there are specific time frames and conditions that must be met in order for the abortion to be performed, generally, this law states that abortion is legal when:
- the abortion is necessary to prevent any serious health risk of the pregnant woman or to save the pregnant woman’s life;
- the fetus is diagnosed with a lethal fetal anomaly; or
- the pregnancy is a result of rape or incest.
What do Indiana-based employers need to know?
If your organization is fully insured, coverage, in general, is determined by your insurance carrier and subject to SB1. We anticipate each carrier will release their coverage positions within the next few weeks.
Self-funded plans are typically not subject to state insurance laws due to ERISA pre-emption, however it is currently unknown if the ERISA pre-emption will be upheld. At this time, this is what we do know:
- If your plan currently excludes coverage for abortion, this bill does not impact your plan.
- If you provide limited coverage for abortion, such as in the case of rape, incest or the mother’s life being at risk, your plan may be slightly impacted according to SB1 restrictions.
- If you provide elective coverage for abortion, your plan will be impacted in Indiana according to SB1 restrictions.
Some employers are considering adding abortion-related benefits such as travel reimbursement. An employer’s particular approach will need to consider the new law as well as the organization’s culture, employee expectations, and the ability of their carriers and vendors to administer these benefits. Many carriers have yet to comment on SB1.
More information will be posted as it becomes available
NOTE: This information does not constitute legal advice. Indiana employers concerned about how the passing of SB 1 impacts their organizations are encouraged to discuss potential implications with legal counsel.