Attack on ERISA Preemption Continues…

By: Chris Aguiar, Esq.

ERISA preemption seems like such a simple concept; further proof that reasonable minds can disagree.  In just the past 10 days we have received mixed messages from some of the highest courts in the country.  First it was the 8th Circuit’s unanimous pro-preemption decision, and then it was the Supreme Court’s refusal to hear a case to overturn the 6th Circuit’s anti-preemption decision regarding the HICA tax.  All of this while the ACA is in danger under the Trump Administration, and states continue to attack a key component of self-funding; stop loss (with New Jersey being the most recent culprit).  I am interested to see how the ACA repeal will develop and whether the anti-preemption momentum brought on by the states in their attempt to thwart employers from providing cost effective benefits in an effort to bolster the exchanges will slow down.

For a bit more history and background visit http://issuu.com/sipconline/docs/self-insurer_jan2015?e=8828922/10737445.