It has been a challenging year for family-planning
Or will it?
Since the overturning of Roe v. Wade, 21 states have banned or severely restricted
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"If you look at the trends leading to the [Roe] ruling, these family-building benefits were already on the rise," says Dr. Roger Shedlin, CEO and president of WINFertility. "Now companies of all shapes, sizes and geographies are offering these benefits, and executives see how these benefits are utilized, greatly appreciated and help with recruitment and retention."
But that doesn't mean employers aren't worried about the future of these benefits, especially if they have workers in red states. EBN spoke with Dr. Shedlin about how benefit leaders can design and administer benefits that are resilient in a politically turbulent climate.
What advice do you have for employers in red states who are feeling uncertain about their fertility benefits?
What the Alabama ruling highlighted is the importance of thoughtful benefit design. For example, when the ruling came down in Alabama, we had patients who were either in the middle of an IVF cycle or patients who had stored embryos in a clinic that is now shutting down. From a benefit design perspective, employers need to consider the transportation and lodging of embryos: Can an employee or their dependent go to another state or clinic that's still open?
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You also have to consider how the benefit accumulates. If one of an employee's cycles had to be aborted because of the change in the legislative environment, does that count towards the [monetary] limit on the benefit? Should the benefit be extended? Employers need to think about how to be as equitable and flexible as possible. They can also work with companies like WIN to understand how their benefit design can best meet their employees' needs
How should employers approach benefits administration on this front?
If you have a national or multinational company with employees in multiple states or jurisdictions, you need experts who are knowledgeable and current about how to best administer for each specific situation.
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Keep in mind that [medical] practice patterns may be incentivized to change too. Our industry has come a long way in terms of reducing avoidable procedures — we implant one embryo and store the rest. But if an embryo gains personhood, professionals may tend not to store it or implant more embryos in a single cycle. This has the potential to reverse the good trends we've seen in our industry, like improvements in pregnancy rates and birth rates. Employers need to be aware of changes so they can support and guide employees in these areas.
What does the future hold for fertility care?
This type of treatment is popular because it is so needed, so we will see it continue. I come back to the fact that the Alabama court ruling did not push employers to hold back from offering these benefits. Instead, they almost doubled down on finding ways to support employees. In my view, we have employer reassurance, and providers, patients and employers should be optimistic coming out of the events following the Alabama ruling.
