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What Businesses Operating in the U.S. Need to JANUARY 2026 About This Report This report was written byAshley Lin and Jen Stark. Errors that remain are those of the authors.Please direct comments or questions toAshley Linatalin@bsr.org. This report analyzes how changes in reproductive healthcare policy in the United States arecreating new and evolving risks for businesses operating across multiple states. It is intended to The analysis is based on a review of publicly available information on federal and state policydevelopments, regulatory actions,and related research through 2025, informed by expert input. The report advances the view that reproductive healthcare restrictions now function as systemicbusiness risk, extending beyond benefits todirectlyaffecthealthcare access, existing labor This report was made possiblewithsupportfrom several foundations. Acknowledgments The authors wish to thankAlejandra CaraballoandNicole Ozer for their expert reviewand Disclaimer BSR publishes occasional papers as a contribution to the understanding of the role of businessin society and the trends related to corporate social responsibility and responsible business The conclusions presented in this document represent BSR’s best professional judgment,based upon the information available and conditions existing as of the date of the review. Inperforming its assignment, BSR relies upon publicly available information,information providedby member company, and information provided by third parties. Accordingly, the conclusions inthis document are valid only to the extent that the information provided or available to BSR was Key Points •Reproductive healthcare has become a systemic business risk, not a single-issuequestion.In 2025, abortion restrictions increasingly intersected with broaderbusiness •Divergent legal and enforcementapproaches driveoperational uncertainty.Agrowing patchwork of state and federal actions,including civil enforcement mechanisms •Threats to data privacy andincreasedsurveillance pose increasing risk forcompanies, workers,and consumers.Expanded use of surveillancesystems, data •Eroding healthcare systems are reshaping labor markets and future talent pipelines.Healthcare centerclosures,medicalprovider migration, andgrowinghealthcare desertsinfluencewhere people can live, work, and plan families, with long-term implications for workforce healthand readiness. Introduction From Benefits to Systemic Risk: Looking Back to Since theDobbsdecision brought about the fall ofRoe v. Wadein June 2022,companiesof allsizes have continued to grapple with the workforce and business implications of what has comenext. Today, the U.S. landscape consists of fractured state policies and uneven access to For businesses, what began in 2022 as an urgent effort to increase benefits to bridge gaps inabortion access has evolved into something much broader and more complex. State and federal At the same time, a patchwork of state laws and interjurisdictional conflicts makes for aconfusing picture for patients, providers, and employers. Punitive abortion bans targeting Federaland Judicial Landscape:Funding, Regulation, 2025 saw an unprecedented level of federal activity and legal challenges that touched theremaining foundations of reproductive healthcare in the U.S.Policymakerswho wish tofurtherrestrict abortion access arebothusing andcontemplating amix of long-standing and newlyinvoked frameworks, including the Hyde Amendment, Medicaid fundingrules,theAffordable Federalshiftsarealready havingimpactsonbusinesseswhoseworkforcesrely on federalprograms andpubliclyfundedhealthcarenetworks.Reduction and elimination ofgovernmentfunding streamsposeserious operationalchallenges tohealthcare centersand hospitals,especially thosethat serve low-income andruralcommunities.At the same time, communities Theimplications for business operations go beyondthequestion oftravel,time off,and care.Should the courts move to banor further restrictmedication abortion or related drugs, pipelines.Resources that are central to how many workers access healthcare services today,such as telehealth and virtual health care,could also face new legalconstraints, especially In the States: Patchwork of State-Level Enforcement While the current administration has repeatedly framed abortion as an issue “left to the states,”2025 clearly demonstrated that what happens in one jurisdiction rarely occurs in a vacuum—and that some policymakers are willing to get creative to ensure that abortion bans do indeed Additionally, we witnessed an increasein pregnancy-related prosecutions andinvestigationsinsome ban states, not only related to abortion but also for miscarriages and stillbirths.Texastargeted actions and enforcement against those who support pregnantwomen,including Layered onto this new reality,law enforcement is alsoexpanding digital and physicalsurveillance,leveraging electronic apps,wearable tech, license platereaders, social mediachats,