ERISA: The Law of Unintended Consequences

Fichter, Andrew

Abstract

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ERISA: The Law of Unintended Consequences

Andrew Fichter

Widener University School of Law

August 1, 2008

Widener Health Law Institute Forum, August 2008

Abstract:
Pending a reconciliation of the positions of the 4th and 9th Circuits as to whether ERISA preempts certain state legislative efforts to assure that employers pay their "fair share" of employee health insurance costs, it would be consistent with the intent of ERISA for Congress to authorize administrative waivers for states wishing to require employers to help defray such costs.

Number of Pages in PDF File: 2

Keywords: ERISA, health insurance, benefits, health law, healthcare

JEL Classification: K32, K23

Accepted Paper Series

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Date posted: February 26, 2009

Suggested Citation

Fichter, Andrew, ERISA: The Law of Unintended Consequences (August 1, 2008). Widener Health Law Institute Forum, August 2008. Available at SSRN: http://ssrn.com/abstract=1348190

Contact Information

Andrew Fichter (Contact Author)

Widener University School of Law ( email )

4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States