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ERISA

Including Employer Financing in State Health Reform Initiatives: Implications of Recent Court Decisions
Employer mandates | Financing | Health reform | Preemption
This Issue Brief discusses implications of federal court cases for state health reform. After outlining the reasons states may want to include employers as a source of health care financing, the paper discusses ERISA’s preemption principles, describes state and local laws that have imposed employer fees, and notes the key findings and...
Patricia A. Butler, J.D., Dr.P.H.
January 2009
ERISA Implications for State Health Care Access Initiatives: Impact of the Maryland “Fair Share Act” Court Decision
Coverage | Financing | State Legislation
This paper from State Coverage Initiatives and NASHP explores the implications for state health care access initiatives of the federal court decision finding that ERISA preempt’s Maryland’s “Fair Share Act.” ERISA Implications for State Health Care Access Initiatives: Impact of the Maryland “Fair Share Act”...
Patricia A. Butler
November 2006
ERISA Update: The Supreme Court Texas Decision and Other Recent Developments
Managed care | Preemption | State Health
This brief explores the U.S. Supreme Court’s June 2004 decision that ERISA preempts the Texas HMO liability law, as well as the decision’s effects on other state health plan liability laws. The brief also examines implications of ERISA preemption for state health insurance regulation, “pay or play” health coverage laws, and...
Patricia A. Butler
August 2004
Kentucky’s “Any Willing Provider” Law and ERISA: Implications of the Supreme Court’s Decision for State Health Insurance Regulation
Employer Sponsored Insurance | Preemption | State Legislation
In a case that helps to define state authority to regulate health insurance, the U.S. Supreme Court held in April 2003 that ERISA (the federal Employee Retirement Income Security Act of 1974) does not preempt Kentucky's Any Willing Provider (AWP) law. This Issue Brief outlines ERISA preemption principles, explains the Supreme Court's opinion, and...
Patricia A. Butler
June 2003
Revisiting Pay or Play: How States Could Expand Employer-Based Coverage Within ERISA Constraints
Employer mandates | Legislation | Preemption
This issue brief is designed to help policy makers design a state pay or play law to withstand an ERISA preemption challenge. The paper briefly outlines why ERISA raises problems for this type of state health policy initiative and how recent Supreme Court decisions have reduced ERISA’s preemptive impacts.  
Patricia A. Butler
May 2002