ERISA Reform as Health Reform: The Case for an ERISA Preemption Waiver

Document Type

Article

Publication Date

Fall 2020

ISSN

1073-1105

Publisher

Cambridge University Press

Language

en-US

Abstract

If federal health reforms continue to rely on employer-sponsored health care coverage, ERISA preemption reform should be part of the next steps. State-level reform has acquired greater urgency, while the justifications for preempting that source of reform has eroded. This article recommends a statutory waiver for ERISA preemption as a feasible way to adapt to these circumstances. It offers proposed statutory text for reformers inclined to pursue ERISA reform as health reform.

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