'Pay Or Play' Lives

Law360, New York (May 30, 2008, 12:00 AM EDT) -- We used to think that the Employee Retirement Income Security Act (“ERISA”) would prevent a balkanized system where state and local governments could dictate the content of group health plans.

After all, Congress stated ERISA was enacted to provide for uniform national regulation of employee benefit plans.

When the State of Maryland and Suffolk County, New York, recently enacted group health plan mandates, those mandates were challenged in federal court and were struck down as invalid because ERISA trumped the power of state and local governments...
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