Now here is a neat post about New Jersey using disclosure – and presumably the hope that embarrassment will cause a change in behavior – to address the problem of large employers who, instead of providing health benefits, allow subsidized state health care programs to provide the health insurance for their employees. This is in contrast to trying to mandate that employers pay for such care, directly or indirectly, for their employees, as was the case in Maryland with the Fair Share Act, and the problems with ERISA preemption that this more direct approach provokes.
I am not sure publicity and embarrassment will do the trick in solving this problem, but until someone figures out a way around the preemption problem that derailed Maryland’s more direct attempt to tackle this problem, this may be as good an approach as any that a state government can pursue.