ERISA Doesn't Doom Mich. Health Claim Tax, 6th Circ. Hears

Law360, New York (January 25, 2013, 5:28 PM EST) -- The state of Michigan on Wednesday urged the Sixth Circuit to uphold a state law imposing a tax on certain health benefit claims, saying the statute is not preempted by the federal Employee Retirement Income Security Act.

Michigan’s Health Insurance Claims Assessment Act doesn’t directly affect the structure of employee benefit plans or how they’re administered, meaning it isn’t preempted by ERISA, the state claims, despite the contrary arguments of advocacy group the Self-Insurance Institute of America Inc. The 1 percent tax is also “far below”...
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