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ERISA: The Law of Unintended Consequences

Widener Health Law Institute Forum, August 2008

2 Pages Posted: 26 Feb 2009  

Andrew Fichter

Widener University School of Law

Date Written: August 1, 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.

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

JEL Classification: K32, K23

Suggested Citation

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

Andrew Fichter (Contact Author)

Widener University School of Law ( email )

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