By Mike Ferguson
The practice of individual states enacting laws that arguably infringe on ERISA preemption is not new. In fact, some states have become increasingly creative in poking and prodding at the limits of this federal law, which has raised obvious concerns among those involved in the self-insurance marketplace. (See previous blog posts commenting on the Michigan health care claims tax.)
A new twist worth reporting on is the fact that the Department of Labor has apparently decided to take a more hands-on (political) role in shaping the evolving legal landscape, positioning the agency as a powerful accomplice in the effort to make self-insurance a more challenging risk management strategy.