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• Both federal and state laws govern health benefits—Under ERISA, the regulation of employment-based health benefit plans has evolved into a system in which both federal and state laws play important roles.
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www.ebri.org/publications/ib/index.cfm?fa=ibDisp&conten...
www.ebri.org/publications/ib/index.cfm?fa=ibDisp&content_id=3879
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Congress has considered enacting other ERISA preemption exceptions. For example, in 1992 the Senate held hearings on an amendment that would have allowed the Department of Labor to grant waivers to states wanting to experiment with various health care access and cost-containment programs.
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www.realtor.org/small_business_health_coverage.nsf/docf...
www.realtor.org/small_business_health_coverage.nsf/docfiles/erisa.pdf/$FILE/erisa.pdf
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The Sixth Circuit affirmed the dismissal of the state-law claims. The Court set forth its framework for evaluating ERISA preemption: ... Home > U.S. Courts of Appeals > Citing ERISA Preemption, Sixth Circuit Dismisses State-Law Claims...
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www.erisaontheweb.com/2009/04/articles/another-category...
www.erisaontheweb.com/2009/04/articles/another-category/us-courts-of-appeals/citing-erisa-preemption-sixth-circuit-dismisses-statelaw-claims/
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Recent headlines (with excerpts) about "ERISA preemption of state law" gathered from the web by the editors at BenefitsLink.com. ... Excerpt: "Well, I have argued more than once on these electronic pages that ERISA preemption, rather than being the whipping boy of choice for people who advocate state level health...
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benefitslink.com/framed/erisapreemptionofstatelaw.html
benefitslink.com/framed/erisapreemptionofstatelaw.html
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The company alleged ERISA preemption as a defense to the imposition of the surcharges. The effect of the surcharges was to raise the cost of heath care to persons using commercial insurers such as Travelers or to persons using self-insured plans.
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library.findlaw.com/1999/Jul/1/126249.html
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As many states pursue health care reform experiments, ERISA preemption becomes relevant as a potential limit on the scope and type of reforms states are able to enact.
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covertheuninsured.org/content/role-erisa-preemption-hea...
covertheuninsured.org/content/role-erisa-preemption-health-reform-opportunities-and-limits
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Many of us will fondly recall the discussion by Third Circuit Judge Edward Becker (1933-2006) on ERISA preemption in the case of DeFelice v. Aetna (which was eventually decided by the U.S. Supreme Court - read about it here and here).
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www.benefitscounsel.com/archives/001814.html
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In 1987, during the era of expansive ERISA preemption, the Supreme Court delighted the insurance industry by ruling that the statute preempted a state common law bad-faith claim filed against an ERISA-plan insurer.
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ERIC continues to fight attempts to weaken or circumvent ERISA preemption. ERIC strongly believes that ERISA preemption and employer's autonomy to voluntarily sponsor benefit plans faces a serious challenge, particularly from states that are seeking their own way.
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www.eric.org/forms/documents/DocumentFormPublic/view?id...
www.eric.org/forms/documents/DocumentFormPublic/view?id=E5F500000010
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