Anxiety is high following the reversal of Roe v. Wade, and it is easy to get swept up in the emotion of it. As employers consider their next steps, it is important to determine its impacts, review options and prepare a response to it.

The basics: What to know

In 1973, the U.S. Supreme Court ruled in Roe v. Wade that the Constitution of the United States protects a pregnant woman's right to have an abortion. Nearly 50 years later, the court voted 6-3 to uphold Mississippi's ban on abortion after 15 weeks of pregnancy and voted 5-4 to explicitly overturn Roe v. Wade. There are a few misconceptions floating around, so it is important to know what it means (and what it doesn't).

1. Federal protections end: The decision to overturn Roe v. Wade ends the federal protection of abortion rights. However, ending the federal protections doesn't make abortion illegal.
2. States are in control: It allows states to decide whether to restrict, ban or protect abortion rights. For states that decide to ban abortion, they are restricting access to abortion within the state. Individuals can seek services in states that do not restrict access.
3. Eligibility of expenses is not impacted: Abortion and medical-related travel expenses are eligible medical expenses under the Internal Revenue Service Code, which makes it either tax-deductible or reimbursable under a Flexible Spending Account (FSA), Health Savings Account (HSA) and Health Reimbursement Account (HRA) (if permitted by the plan). The reversal of Roe v. Wade doesn't affect the eligibility for these services. Further, a change to eligibility would require a separate federal legislative action from Congress to remove its eligibility.

Step 1: Confirm how your state is responding

States are now solely responsible for setting the laws regarding abortion. Approximately one-third of states have laws (or are expected to have laws) that actively protect the rights to abortion. Meanwhile, there are already seven states (Arkansas, Kentucky, Louisiana, Missouri, Oklahoma, South Dakota and Utah) that have eliminated (or nearly eliminated) access to abortion. The next 30 days are expected to be active as states refine their rules to ban, restrict or protect abortion rights.