Widener Health Law Institute Forum, August 2008
2 Pages Posted: 26 Feb 2009
Date Written: August 1, 2008
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: 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