Erisa preemption manual

 · The manual, ERISA Preemption Manual for State Health Policy-makers, is written by Patricia Butler, JD, DrPH, and published jointly by the Alpha Center and the National Academy for State Health Policy. It describes the implications of ERISA provisions that may preempt states from implementing laws that affect private-sector employee health plans or that are inconsistent with .  · For more information, see EBIA’s ERISA Compliance manual at Section XXXIX (“ERISA Preemption of State Laws”). See also EBIA’s Self-Insured Health Plans manual at Section V.E (“ERISA Preemption and the Application of State Mandates”). ERISA PREEMPTION MANUAL FOR STATE HEALTH POLICYMAKERS limited to provisions relevant to state policy. Nor is the Manual a general treatise on the policy to state health policy-makers.

I: Introduction -- Ch. II: ERISA preemption primer -- Ch. III: ERISA and its preemption provisions -- Ch. IV: The role of the U.S. Department of Labor in ERISA preemption -- Ch. V: Implications of ERISA preemption for State Health Policy Initiatives -- Ch. VI: Implications of ERISA preemption for State Health Policy Initiatives: Regulating. The basis of the judgment was preemption by the Employees Retirement Income Security Act of (ERISA) 29 U.S.C. §§ , et seq. We agree in that conclusion but also hold that Hashimoto's complaint should be recharacterized as an ERISA claim under 29 U.S.C. § We remand for trial on this basis. See, e.g., Patricia Butler, ERISA Preemption Manual for State Health Policy Makers, NAT'L AcAD. FOR STATE HEALTH POL'Y. 5. Although most ERISA benefits plans are employer-sponsored, other entities, such as labor unions, can also sponsor such plans. See 29 U.S.C. § (). See Shaw v.

) -confirmed that ERISA preemption applies to a state law to the extent that it "limits, prohibits, or regulates" an employer's automatic enrollment feature –DOL has previously issued guidance (Advisory Opinion A) that ERISA preempted state laws that attempt to govern automatic enrollment in ERISA-covered plans. ERISA Preemption of State PBM Regulation After Rutledge. In December , the U.S. Supreme Court issued an opinion in the case of Rutledge v. Pharmaceutical Care Mgmt Ass’n, holding that an Arkansas statute regulating pharmacy benefit managers (PBMs) was not preempted by ERISA. The Rutledge decision may have narrowed the scope of ERISA. For more information, see EBIA’s ERISA Compliance manual at Section XXXIX (“ERISA Preemption of State Laws”). See also EBIA’s Self-Insured Health Plans manual at Section V.E (“ERISA Preemption and the Application of State Mandates”).