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” Court Decision discusses in detail:
• ERISA preemption principles,
• The Maryland law and RILA vs. Fiedler court decision,
• Implications for state health care access initiatives involving employers in financing, and
• Arguments that may be raised to challenge and defend such state programs.