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- Created to establish uniform federal standards to protect private employee pension plans from fraud and mismanagement.
- Covers most other types of employee benefits plans, including health plans.
- Several provisions preempt state laws and complicate state efforts to make health care coverage more broadly available.
- The courts' interpretation of ERISA and the cases that have come before the courts have changed over the years.
SCI/NASHP Issue Briefs Explores ERISA Implications for State Policy
Two publications from SCI and NASHP explores the implications for state health care access initiatives of the recent federal court decision finding and the subsequent Federal Court of Appeals decision that ERISA preempts Maryland 's “Fair Share Act.” ERISA Implications for State Health Care Access Initiatives: Impact of the Maryland “Fair Share Act” Court Decision (November 2006) and ERISA Update: Federal Court of Appeals Agrees (February 2007) discusses in detail:
- ERISA preemption principles;
- The Maryland law and RILA vs. Fielder court decision;
- Implications for state health care access initiatives involving employers in financing;
- Arguments that may be raised to challenge and defend such state programs.
These publications, written by Patricia Butler, JD, DrPH, are part of a continuing series of policy papers on ERISA published by the Robert Wood Johnson Foundation's State Coverage Initiatives program, housed at AcademyHealth, and the National Academy of State Health Policy.
State Coverage Initiatives (SCI) ERISA Resources
Over the past several years SCI has worked with, Patricia Butler, J.D., Dr.P.H, a leading national authority on ERISA and its implications for states. During this time she has written a number of useful publications for state officials. In addition, SCI conducted a cyber-seminar (March 2005), ERISA's Implications for State Health Care Access Initiatives – Ask the Expert, featuring Dr. Butler.
Update on ERISA Court Decisions (March 2008)
ERISA Implications for State Health Care Access Initiatives: Impact of the Maryland “Fair Share Act” Court Decision (November 2006)
ERISA Update: Federal Court of Appeals Agrees (February 2007)
ERISA Update: The Supreme Court Texas Decision and Other Recent Developments (August 2004)
Kentucky's "Any Willing Provider" Law and ERISA: Implications of the Supreme Court's Decision for State Health Insurance Regulation (June 2003)
Revisiting Pay or Play: How States Could Expand Employer-Based Coverage Within ERISA Constraints: A Briefing Paper (May 2002)
ERISA Preemption Manual for State Health Policy Makers Update (January 2001)
ERISA Complicates State Efforts to Improve Access to Individual Insurance for the Medically High Risk (August 2000)
ERISA Preemption Manual for State Health Policy Makers
(January 2000)
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