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Revisiting Pay or Play: How States Could Expand Employer-Based Coverage Within ERISA Constraints

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
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ERISA_Pay_Or_Play.pdf46.06 KB