Maintaining Healthy Laboratories of Experimentation: Federalism, Health Care Reform, and ERISA

48 Pages Posted: 12 Nov 2011

See all articles by Michael Serota

Michael Serota

Arizona State University, Sandra Day O'Connor College of Law; Academy for Justice

Michelle Singer

affiliation not provided to SSRN

Date Written: April 1, 2011

Abstract

In this Comment, we demonstrate the ingenuity of San Francisco’s Health Care Security Ordinance and explain why local experimentation with health care solutions is an invaluable component of America’s ongoing efforts to solve the national health care crisis. We then analyze the Golden Gate Restaurant Association’s legal challenge to the Ordinance, which argues that the Ordinance’s employer pay-or-play provision is preempted by the Employee Retirement Income Security Act (“ERISA”). After demonstrating that the jurisprudence surrounding ERISA’s preemption clause is a model of uncertainty and ambiguity, we argue that state and local governments deserve clarity on whether ERISA preempts their pay-or-play laws, and that the political branches are best suited to resolve this issue. We conclude by proposing both legislative and administrative approaches to ERISA reform.

Suggested Citation

Serota, Michael Eli and Singer, Michelle, Maintaining Healthy Laboratories of Experimentation: Federalism, Health Care Reform, and ERISA (April 1, 2011). California Law Review, Vol. 99, No. 2, p. 557, 2011. Available at SSRN: https://ssrn.com/abstract=1958242

Michael Eli Serota (Contact Author)

Arizona State University, Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ
United States

Academy for Justice ( email )

Michelle Singer

affiliation not provided to SSRN ( email )

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