Including Employer Financing in State Health Reform Initiatives: Implications of Recent Court Decisions

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 conclusions from several court of appeals opinions. Based on principles drawn from these court decisions, the Brief then offers suggestions for how states can include employer assessments in financing health care programs while minimizing grounds for ERISA challenges.  

Attachment	Size
Employer Financing in State Reform Initiatives	1.14 MB