News & Analysis as of

Pregnancy Reproductive Healthcare Issues

Quarles & Brady LLP

Virginia’s New Sweeping Reproductive and Sexual Health Privacy Law May Affect All Companies Doing Business in the State

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Last week, on March 24, Virginia Governor Glenn Youngkin signed SB 754, which amends the Virginia Consumer Protection Act (Act) to regulate obtaining and disclosing “reproductive or sexual health information” by any...more

Akerman LLP - Health Law Rx

Idaho’s Defense of Life Act and EMTALA: For Now, a Federal Court Permits an Idaho Health System to Stabilize Pregnant Patients...

An Idaho federal court has resolved the tension between that state’s restrictive abortion law and the federal Emergency Medical Treatment & Labor Act (EMTALA) in favor of a hospital system’s obligation to stabilize pregnant...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Reverses Dismissal of Challenge to PWFA Abortion Rules

Last week, an Eighth Circuit Court of Appeals panel reversed a district court’s dismissal of a lawsuit filed by red state attorneys general challenging the Equal Employment Opportunity Commission’s inclusion of abortion among...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Paid Prenatal Leave in Effect in New York

On January 1, 2025, New York State’s Paid Prenatal Leave Law took effect, making New York the first state to require all private-sector employers to offer paid leave to employees for prenatal health care services during or...more

Sands Anderson PC

New HIPAA Reproductive Health Rule Requires Compliance by December 23, 2024

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A new HIPAA rule that goes into effect on December 23, 2024 requires each healthcare provider (and other HIPAA covered entities and business associates) to implement new workflows, policies, and procedures in responding to...more

Quarles & Brady LLP

Uncertainty on Health Care Rules Amid Administration Change

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In recent months, several changes to healthcare rules regulations focusing on reproductive health care have been introduced. These include (1) privacy protections for reproductive health data under HIPAA, (2) expanding access...more

Holland & Knight LLP

New Law Expands Covered Sick Time Under Massachusetts Earned Sick Time Law

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The Massachusetts law, An Act Promoting Access to Midwifery Care and Out-of-Hospital Birth Options (the Act), provides comprehensive access and coverage for midwifery, birth centers, doulas and related screening and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Expands Sick Time Law to Include Pregnancy Loss, Failed Assisted Reproduction, Adoption, or Surrogacy

Effective November 21, 2024, Massachusetts employers covered by the Massachusetts Earned Sick Time law must now provide expanded benefits under the Law to address various types of reproductive losses. Employers will want to...more

Paul Hastings LLP

Paid Prenatal Personal Leave Goes Into Effect for Pregnant New Yorkers in 2025

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In April 2024, the New York State Legislature passed Governor Hochul’s 2025 Executive Budget that expands the statewide Paid Family Leave (PFL) policy to provide 20 hours of paid prenatal personal leave per 52-week period for...more

Vorys, Sater, Seymour and Pease LLP

Just Say No!  HIPAA and Requests for Reproductive Health Information

On April 22, 2024, the Office of Civil Rights issued a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy (2024 Final Privacy Rule). Originally Published by the American Bar Association....more

Seyfarth Shaw LLP

Reproductive Health Care: A Future in Flux with the Next Administration

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Access to reproductive health care has been a part of the national debate for years, and even more so since 2022 when the US Supreme Court issued its ruling in Dobbs overturning decades of precedent established under Roe v....more

ArentFox Schiff

Massachusetts Sick Leave Expanded to Include Pregnancy Loss and Other Reproductive Issues

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Effective November 21, Massachusetts employees will be permitted to use their sick time to “address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse...more

Epstein Becker & Green

Georgia & North Dakota: More State Judges Question the Constitutionality of Abortion Bans

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State courts continue to debate whether a state’s constitution recognizes a right to “liberty of privacy” or personal autonomy that would encompass the right to make personal health care decisions, including abortion....more

Sheppard Mullin Richter & Hampton LLP

Women’s Health on the Ballot in November: What the Election Could Mean for Reproductive Care and Beyond

Over two years into the post-Dobbs era, women’s health is taking center stage in the presidential election. In Dobbs v. Jackson, the Supreme Court overturned protections relating to abortion established in Roe v. Wade. Since...more

Napoli Shkolnik

Women Lack Access to Maternity Care. That’s Unacceptable.

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We live in a world where exciting medical research promises to cure cancer, prevent heart attacks, and push back the effects of aging. Sadly, we also live in a world in which “maternity care deserts” are growing across the...more

Shipman & Goodwin LLP

Ohio Injunction Issued for Abortion Statutes At Odds With State Constitutional Reproductive Rights

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On August 23, 2024, an Ohio state court issued a preliminary injunction in Preterm-Cleveland et al. v. Dave Yost et al., No. 24-cv-02634, staying the enforcement of multiple Ohio civil and criminal abortion-related statutes....more

Shipman & Goodwin LLP

Kansas Supreme Court Reaffirms Fundamental Right to Abortion

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Last week, the Kansas Supreme Court issued two decisions striking down a series of state anti-abortion laws  passed by the Kansas Legislature. The first case challenged S.B. 95, a bill enacted by the Legislature in 2015...more

Holtzman Vogel Baran Torchinsky & Josefiak

Early Returns Podcast with Jan Baran - Josh Gerstein: SCOTUS, the Presidential Immunity Case Fallout, and the Dobbs Case Leak...

A very unusual and historic week of political and legal events just preceded America’s Independence Day. The Supreme Court of the United States ended its term with pivotal decisions, including a number that affect former...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Delays EEOC’s Pregnant Workers Fairness Act Abortion Accommodation in Louisiana, Mississippi

On June 17, 2024, a federal court in Louisiana issued a preliminary injunction blocking the enforcement in Louisiana and Mississippi of the portion of the U.S. Equal Employment Opportunity Commission’s (EEOC) final rule...more

Poyner Spruill LLP

Pregnant Workers Fairness Act Faces Major Pushback from Religious Organizations and Conservative States

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A federal judge in Louisiana granted a temporary injunction that prevents the Equal Employment Opportunity Commission (“EEOC”) from enforcing protections for workers seeking an abortion....more

Constangy, Brooks, Smith & Prophete, LLP

Pregnancy regs take effect, results of court challenges are mixed

The legal challenges relate to "abortion accommodation." Not long ago, I blogged about two legal challenges to the regulations interpreting the Pregnant Workers Fairness Act. In one case, 14 state attorneys general filed...more

Jackson Lewis P.C.

Scope of Accommodations Required Under PWFA Narrowed in Louisiana and Mississippi

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On the eve of the effective date of the Equal Employment Opportunity Commission’s (EEOC’s) final Pregnant Workers Fairness Act (PWFA) regulations (Final Rule), a federal court in Louisiana postponed the effective date of what...more

Akerman LLP - Health Law Rx

What’s it to You? Justice Scalia’s 41-Year-Old Gatekeeping Question on “Standing” Influences Court to Uphold FDA’s Regulation of...

Mifepristone is safe for now. On June 13, 2024, the Supreme Court unanimously held that the plaintiffs — doctors and medical associations alike — lacked standing to challenge 2000 and 2019 FDA approvals of mifepristone (brand...more

Epstein Becker & Green

Texas Supreme Court Declines Opportunity to Hear Personhood Case

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On Friday, June 14, the Texas Supreme Court declined to consider a case that asked the Court to determine whether frozen embryos are persons or property under Texas law....more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Unanimously Preserves Access to Mifepristone

In a decision joined by all nine justices, the Supreme Court preserved the Food and Drug Administration’s (“FDA’s”) regulatory approval of mifepristone, ensuring continued access to the widely-used abortion medication across...more

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