ERISA Preemption of State Mandated-Provider Laws

ERISA preemption of state mandated-provider laws.

The Employee Retirement Income Security Act of 19741 ("ERISA" or "the Act") is a comprehensive federal statute which imposes minimum standards on employee benefit plans. To prevent conflicting state regulation, ERISA preempts state laws which "relate to" these plans. 2 ERISA's preemption, however, is not complete. Consistent with the federal policy embodied in the McCarran-Ferguson Act 3 of lea...

State-mandated benefit review laws.

OBJECTIVE To determine which states have laws that require the review of mandated health insurance benefits and describe the various approaches states take in reviewing mandated benefits, as stated in the mandated benefit review (MBR) laws. DATA SOURCES We queried online databases of the individual state statutes and reviewed the state statutes and state legislative agendas for all 50 states ...

Will the Supreme Court finally eliminate ERISA preemption?

David Trueman's article reviews the history of ERISA preemption by analyzing seminal Supreme Court cases and predicts the future of ERISA preemption in his analysis of recent federal case law. Traditionally, the ability to hold a managed care entity responsible for its actions has been hampered by a strict interpretation of the preemption clauses of ERISA but as the Supreme Court's jurisprudenc...

Reigning in ERISA preemption? Any willing provider statutes after New York Blue Cross Plans v. Travelers Insurance Co.

Assessing provider attitudes toward mandated prevention practices.

OBJECTIVE We measured clinicians' level of knowledge and attitudes regarding Department of Defense-mandated clinical preventive services (CPS) delivery and the barriers they believe prevent the delivery of CPS at a large U.S. Air Force referral medical center. METHODS Our survey listed a range of prescribed specific CPS and solicited reasons why providers believed that they could not be deliv...