Texas AG Says ERISA 'Likely' Preempts State Reg Of HRAs

Law360 (February 13, 2018, 9:12 PM EST) -- Texas Attorney General Ken Paxton on Tuesday issued an advisory opinion that a court would “likely determine” that the Employee Retirement Income Security Act preempts some state guidelines on health reimbursement accounts, addressing a question posed by a state politician. 

State Sen. Charles Perry, R-Lubbock, had sought guidance from the attorney general's office in August 2017 about whether changes in 2016 to the Internal Revenue Code preempted directives from 2006 from the Texas Department of Insurance as they relate to Health Reimbursement Arrangements, which are employer-funded...
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