Manual guides state policy-makers on health regulation under ERISA
A new manual for state health policy-makers tackles the subject of state-level health plan regulation under the federal Employee Retirement Income Security Act (ERISA) of 1974. 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 federal law.
Ms. Butler notes that the reach of the so-called preemption clause has "narrowed somewhat" in recent years and suggests that ERISA’s impact in many health care issues is uncertain or evolving. "In the many areas of uncertainty, state officials should not be discouraged from crafting desirable health policy," she states.
The manual addresses ERISA preemption with regard to four broad categories of state health policy initiatives: expanding access to health care coverage, regulating managed care and other health insurance products, resolving disputes between plans and their enrollees, and monitoring access, cost, and quality in the state’s health care delivery system.
Single copies of the report are available from the Alpha Center, (202) 296-1818, or the National Academy for State Health Policy, (207) 874-6524.
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