You know that theme music from the movie Jaws? Cue it up – the sharks are circling the Massachusetts Health Care Reform Act. Hard on the heels of the recent reports that the state is going to have to increase the financial obligations of employers to maintain the near universal coverage called for by the
Preemption
Massachusetts’ Pay or Play Act: The Triumph of Hope Over Experience?
By Stephen Rosenberg on
I have said it before and I will say it again: the day they fess up to the real costs of insuring the uninsured in Massachusetts and admit they need to pass that cost onto employers is the day before someone files a lawsuit asserting that the Massachusetts Health Care Reform Act is preempted. Take…
Understanding ERISA Preemption as a Legitimate Congressional Policy Determination
By Stephen Rosenberg on
Many, many people object to ERISA preemption, viewing it as some sort of nasty trick that defendants use to avoid liability in ERISA related cases. Do a quick search for ERISA and preemption on Google Blog and you will find that out pretty quick. But to me, they misunderstand preemption, which was a legitimate policy…
From Preemption to ERISA Standing, and Lots of Things In-Between
Philadelphia, New York, court hearings – I have been everywhere the past week or so other than at my desk where I could put up blog posts. Here’s a run down of interesting things I came across along the way that you may want to read. First, for those of you who can’t get enough…
Passing Along Some Reading on Excessive Fee Cases and Other Timely ERISA Topics
By Stephen Rosenberg on
What would this blog be if it was done as a newsletter instead? Well, probably something like this new ERISA newsletter out of Proskauer Rose, with its detailed but readable length discussions of current events in the field, such as the Supreme Court’s recent decision in LaRue and the Supreme Court’s consideration of whether to…
The Hard Headed Business Case for ERISA Preemption of State Health Insurance Mandates
By Stephen Rosenberg on
Posted in Health Insurance, Preemption
Why does ERISA preemption matter in the health insurance context, and why do many people think it should preclude state health insurance mandates, such as the Wal-Mart law already deemed preempted in Maryland and the San Francisco ordinance that is currently the subject of litigation over the question? Leaving aside the legal reasons why the…
Back From Trial, But the World Kept Spinning In the Interim
By Stephen Rosenberg on
My trial finally concluded late yesterday after two weeks, with the jury returning a verdict in favor of my client (pause here for self-congratulatory pat on the back). While I was able to get some posts up last week, during the first week of trial, events during trial this past week left me with no…
A First Step Towards Supreme Court Consideration of Whether Fair Share Acts are Preempted
By Stephen Rosenberg on
Posted in Preemption
Well now, at some point, I am convinced, we are going to get the Supreme Court to weigh in on exactly when and when not states can regulate employers’ provision of health care to their employees in light of ERISA preemption. As we have discussed here on numerous occasions, the Fourth Circuit has staked out…
Money Talks, Even About the Massachusetts Health Care Reform Act
By Stephen Rosenberg on
A number of different things I want to talk about, including an interesting decision discussing the obligations of plan sponsors when it comes to selecting advisors and some interesting thoughts on QDROs. I will sprinkle those in later, but for now I thought I would pass along Steve Bailey of the Boston Globe’s column today…
The Massachusetts Health Care Reform Act as Evidence of the Need for Preemption
By Stephen Rosenberg on
Stories like this make clear that advocates of state fair share plans who like to point to the Massachusetts Health Care Reform Act as a shining exemplar of what could be accomplished if only ERISA preemption would go away are barking up the wrong tree. Rather, the article, with its discussion of spiraling costs to…