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
Preemption
Fielder’s Tentacles
By Stephen Rosenberg on
Posted in Health Insurance, Preemption
While I have been focused on the interior life, if you will, of the decision in Retail Industry Leaders Association v. Fielder – its reasoning, whether it was correctly decided – others have been focused more on the impact of the decision outside the state of Maryland. Jerry Kalish of the Retirement Plan Blog has…
Preemption and the Fair Share Act – Some More Thoughts
By Stephen Rosenberg on
Posted in Preemption
I was thinking a bit more over the weekend about Retail Industry Leaders Association v. Fielder (and, yes, I know I obviously need a hobby), and Judge Motz’ determination that the Fair Share Act is preempted by ERISA. Although the court’s opinion makes it sound straight forward, the truth is that the outer boundaries…
Wal-Mart, Maryland and the Fair Share Act
By Stephen Rosenberg on
The United States District Court for the District of Maryland issued its opinion yesterday on the legal challenge to the Fair Share Act, the Maryland statute recently enacted for the purpose of forcing Wal-Mart, and only Wal-Mart, to increase its health care spending for its employees. Major media accounts of the ruling are here,…