Obama's Health Care Record May 6, 2008
People who are covered through self-insured employers (usually large corporations) are shielded from state mandates because of the federal Employee Retirement Income Security Act (ERISA), which prevents states from enacting controls on plans that cross state lines. The burden of paying for state mandates is usually borne by individuals who buy their own insurance, small employers and others not covered by ERISA. In total, about half of the people who have insurance bear the brunt of the cost of... (Wall Street Journal)
PCMA: Court of Appeals Upholds Challenge to D.C.'s PBM Fiduciary-Disclosure Law Apr 19, 2008
The Appeals Court now holds that any such preclusion "would freeze the development of the law in an area of substantial public interest." The case now returns to the lower court for consideration on the merits, including PCMA's contention that the D.C. law conflicts with federal benefits law (ERISA) as well as the First Amendment to the U.S. Constitution. "We're pleased that the Court has chosen to allow PCMA to pursue this challenge," said PCMA President and CEO Mark Merritt. (PR Newswire)
Health care farce Apr 17, 2008
In a 1995 case, the high court once again underlined ERISA's vast sweep, saying employers are generally free ... No wonder the National Governors' Association concluded ambitious state initiatives were impossible without changes to ERISA. ... Now, however, California politicians and a handful of powerful appellate court judges who might as well be politicians are engaged in a futile, costly ERISA end run of their own. (San Diego Union-Tribune -- Opinion)
Cappuccilli leaves race, cites health Mar 27, 2008
This week, Fayetteville businessman John H. Rhodes, president of ERISA Consultants, announced he is endorsing Maffei and won't seek the Democratic nomination himself. Cappuccilli, former director of the New York State Fair, is undergoing. (Syracuse.com)
Federal Protection Against Genetic Discrimination Urged By American College of Physicians Mar 25, 2008
Federal protection should also cover ERISA health plans. Adapted from materials provided by , via , a service of AAAS.. (Science Daily)
Need for federal protection against genetic discrimination Mar 25, 2008
Federal protection should also cover ERISA health plans. . (EurekAlert!)
Class Action Seeking Insurance for Eating Disorders Can Go Forward Feb 29, 2008
ERISA, the federal benefits act, will govern the case, which means the plaintiffs aren't entitled to punitive damages or a jury trial ... That's important, Nagel says, because preponderance of evidence is the standard of proof in such cases, compared with the tougher, arbitrary and capricious standard in ERISA contract cases ... By finding that ERISA governs the case, Hochberg not only ruled out punitive damages, she denied Nagel the opportunity to proceed under the state Parity Law, N.J.S.A.... (Law.com)
Supreme Court Continues Pro-Business Stance Feb 21, 2008
But a high court ruling in an ERISA case prevents a clean sweep for business. Tony Mauro. (Law.com)
High court sides with Medtronic Feb 21, 2008
Business groups argued that ERISA is aimed at encouraging employers to set up pension plans, while guarding against administrative abuses involving the plan as a whole. Material from Bloomberg News and the Associated Press was used in this report. (Boston Globe)
Fed proposes new health-care rules for benefits service providers Jan 28, 2008
In compelling more disclosures of fee information in contracting, the U.S. Department of Labor's Employee Benefits Security Administration is proposing new regulations under the Employee Retirement Income Security Act of 1974 (ERISA), Section 408(b)(2). It requires that, in order to be reasonable, any contract or arrangement between an employee benefit plan (including pension plans, group health plans, and other types of welfare benefit plans) and certain service providers must require the... (Columbus Business First, OH)
Federal law hinders health care Jan 17, 2008
A group of restaurant owners sued the city in 2006, saying the law violates the federal Employee Retirement Income and Security Act (ERISA). In December, a lower court judge sided with employers. (USA Today)
9th Circuit's Stay Lets S.F. Force Bosses to Fund Health Care Jan 10, 2008
Last month, U.S. District Judge Jeffrey White the employer-mandate portion of San Francisco's universal health care plan, holding that the city's requirements violate the federal Employer Retirement Income Security Act, better known as ERISA. That law bars states and local governments from forcing employers to provide health care insurance or regulating any coverage they might provide. In its ruling Wednesday, the 9th Circuit panel said San Francisco's ordinance doesn't appear to violate ERISA... (Law.com)
Headline hunt Jan 9, 2008
But perhaps Fletcher can pause in his quest to be seen as an ACLU pinup to actually read the 9th Circuitbinding ruling on ERISA the 1980 Agsalud v. Standard Oil Co. of California case. The appeals court upheld a lower-court ruling throwing out Hawaii's state employer mandate on the grounds that ERISA blocked all governmentally required insurance programs ... She noted questions about the vast scope of ERISA pre-emption but said that was a matter of policy for Congress and not of statutory... (San Diego Union-Tribune -- Opinion)
Healthy San Francisco raises costs for everyone Jan 8, 2008
Fortunately, a federal judge ruled in December that the payroll tax violates ERISA, a complicated federal law that governs (among other things) non-wage benefits. The legal decision aside, Healthy San Francisco was a harmfully expensive policy. (San Francisco Chronicle -- Opinion)
Health reform comes slowly for California Dec 31, 2007
A district judge found that violated the Employee Retirement Income Security Act (ERISA), a 1974 federal law that has preempted healthcare initiatives from Maryland to Suffolk County in New York ... "We knew from the outset that there will always be a risk with ERISA, but we've made a point of trying to work with two top ERISA experts," says Steven Maviglio, spokesman for Mr. Nez, in an e-mail ... But that's proved to be nearly impossible given ERISA, a law preventing state and local... (Christian Science Monitor)
Stop the follies Dec 29, 2007
The 1974 law, known as ERISA, bans states from dictating to employers which benefits they must offer ... Twice in the past 33 years, dismay with the nation's health care system has prompted states to test ERISA's pre-emptive power ... Various initiatives went nowhere, leading the National Governors Association to conclude ERISA made major state health reforms impossible. (San Diego Union-Tribune -- Opinion)
Federal Judge Strikes Down SF's Health Care For Uninsured Dec 27, 2007
White said he agreed with the association that the plan conflicted with the federal Employee Retirement Income Security Act, or ERISA, a 1974 law that regulates pensions and other worker benefits including health plans. White wrote in a summary judgment that the city's requirements "interfere with preserving employer autonomy over whether and how to provide employee health coverage and ensuring uniform national regulation of such coverage.". (NBC 11, CA)
New York Life Retirement Plan Services Sees Uptick in Auto-Enrollment and Managed Savings One Year After Pension Protection Act Dec 25, 2007
Morgan Stanley, and its Financial Advisors, do not provide tax or legal advice, are not "fiduciaries" (under ERISA, the Internal Revenue Code or otherwise) with respect to the services or activities described herein, and this material was not intended or written to be used for the purpose of avoiding tax penalties that may be imposed on the tax payer. Individuals are urged to consult with their tax or legal advisor before establishing a retirement plan or to understand the tax, ERISA and related... (PR Newswire)
DR. LINDA HALDERMAN: In with the old: health care's fake face-lift Dec 18, 2007
In January of 2007, ruling on a similar attempt in Maryland to compel large employers to "pay or play," a federal appeals court cited the 1974 Employee Retirement Income Security Act (ERISA) and declared this type of employer mandate illegal. The Maryland attorney general elected not to appeal to the U.S. Supreme Court, reporting that he "could not win."Not to be outdone by his Democratic colleagues, Republican Gov. Mitt Romney succeeded in imposing a Sen. (Fresno Bee -- Opinion)
Hagens Berman Sobol Shapiro: Washington Mutual Faces Class Action Citing ERISA Violations Dec 7, 2007
The suit claims that under ERISA fiduciaries are obligated to eliminate imprudent investment vehicles from 401(k) plans and to warn plan participants of risky investments ... "Not notifying employees of the potential risk is a clear violation of ERISA law and is explicitly stated as one of the roles of a fiduciary." According to the complaint WaMu's troubles have been pushed into the spotlight, and with increasing severity since September 2007 ... Under ERISA law a plan participant can bring a... (PR Newswire)
Single-payer healthcare is the one way Dec 3, 2007
Those companies that self-insure are governed by federal law under ERISA and are not bound by this requirement. Self-insured companies pay the health insurance companies to administer the benefit, not to insure them. (Boston Globe)
Ruling on Retirement Nov 30, 2007
The court's view was that Erisa allows lawsuits only when they seek to enforce the rights of everyone in the plan, not just of an individual account holder ... So at issue for the Supreme Court now is whether a loss in a single 401(k) account can be considered as a general "loss to the plan." In that instance, an Erisa provision allows employees to sue for recovery ... Either way the high court rules, the case will better define the scope of relief available to employees under Erisa law. (SmartMoney)
Government-run health care is bad for California Nov 25, 2007
The federal ERISA law prohibits states like California from telling companies what health coverage they must offer their workers. While Democrats waive off such criticism, that's exactly what their plan would do because it requires employers to either provide a mandated level of health care benefits or pay a new tax. (North County Times)
LifeCare Holdings, Inc. Announces Third Quarter Results Nov 15, 2007
In addition, the senior secured credit facility includes various negative covenants, including limitations on indebtedness, liens, investments, permitted businesses, restricted payments, transactions with affiliates and other matters, as well as certain customary representations and warranties, affirmative covenants and events of default including payment defaults, breach of representations and warranties, covenant defaults, cross defaults to certain indebtedness, certain events of bankruptcy,... (PR Newswire)
Gevity Reports Third Quarter Earnings Results Nov 5, 2007
Many of these risks are beyond the ability of the company to control or predict, such as risks relating to the following: to the company's guidance, including the challenges to achieving the company's growth strategy in general, gaining new client employees while passing on increased pricing, increasing professional service fees, resolving issues with the multi-carrier choice program, retaining clients through annual benefit enrollment, penetrating the middle market and opening new geographic... (Primezone Releases)
Why healthy S.F. needs Congress to come to the rescue Nov 3, 2007
The federal Employee Retirement Income Security Act (ERISA) regulates most aspects of employee retirement plans and other benefit plans offered by almost all private employers across the country. Under ERISA, state or local laws seeking to directly regulate employee health benefit plans are pre-empted by federal law ... Part of Healthy San Francisco's funding mechanism almost certainly runs afoul of ERISA. The city estimates it will need to spend approximately $200 million per year in 2006... (San Francisco Chronicle -- Opinion)
Life insurance trustees must fulfill duties Oct 18, 2007
He was appointed by then-President Clinton as vice chairman of the federal ERISA board, which regulates pensions and health care benefits. New Haven Register 2007. (New Haven Register, CT)
Standard Ready-Mix strike enters second year Oct 16, 2007
In the lawsuit, the union asks the court to decide whether the plan freeze was done legally under the Employee Retirement Income Security Act, or ERISA, which sets standards for pension and health plans in private industry to provide protection for workers ... "The pension money is guaranteed by ERISA. The company is held responsible through it," he said. (Sioux City Journal, IO)
Aon Consulting Asia Pacific Acquires Conrad & Sons in Singapore Oct 1, 2007
" Chiew will become managing director of the combined operation of Aon Consulting in Singapore. The current managing director, Richard Tan, will become chairman. For more information, contact: Sara Carlson Mollie Wee Chicago Singapore +1.312.381.5045 +65.6239.76.79 Mollie_wee@aon-asia.com About Aon Aon Corporation () is a leading provider of risk management services, insurance and reinsurance brokerage, human capital and management consulting, and specialty insurance underwriting. There are... (PR Newswire)
Social Security, Ponzi Schemes and Moral Hazards Sep 28, 2007
In other words, Social Security, Medicare, Medicaid and ERISA (defaulting private insurance retirement programs that are back stopped by the US government) ... Of course, Social Security, Medicare, Medicaid and ERISA are not really true insurance programs. (Human Events Online)
State and city healthcare reforms collide with a US law Sep 27, 2007
- The biggest name in healthcare reform isn't Hillary, or , or Arnold it's ERISA. That's the name of a federal law that could invalidate many of the budding efforts by states and cities to expand access to healthcare. ERISA, which stands for the Employee Retirement Income Security Act, shields businesses from state and local regulation of the benefits they offer workers, including health insurance ... Courts have already applied ERISA to strike down efforts in Maryland and Suffolk County,... (Christian Science Monitor)
Key Business Cases May Do Supreme Court Disappearing Act Sep 20, 2007
LaRue still fits the ERISA definition of a participant, insists Whittier Law School professor Peter Stris, his attorney. And the fact that LaRue withdrew his $119,000 from an account "that he believes to have been depleted by fiduciary misconduct" should not preclude him from suing the fund administrator. (Law.com)
A session of special importance Sep 18, 2007
The nonpartisan Legislative Analyst's Office and many others may run afoul of the federal law known as the Employee Retirement Income Security Act, or ERISA. The act has typically been interpreted by the courts to prohibit the states from requiring employers to provide health insurance coverage to their employees. Thus, whatever health care reform the solons of Sacramento settle upon could be stuck in court for many, many years. (North County Times)
Prominent Litigator Gregory P. Miller Leads Group of 12 Lawyers to Drinker Biddle Sep 11, 2007
Giordanella works extensively on cases involving employment and ERISA disputes, in addition to general commercial litigation and Special Master services. She was recently honored as one of two outstanding members of the year by the National Association of Women Lawyers and has been elected to serve as an at-large member of the group's executive board. (PR Newswire)
Federal Judge Orders Wal-Mart to Offer Health Insurance to Workers' Stepchildren Aug 30, 2007
Wal-Mart contested the order, issued in 2004 by Essex County Social Services Commissioner John P. O'Neil, on the ground it would impose a new coverage requirement on the Associates' Health and Welfare Plan in violation of ERISA. The plan provides coverage to employees and their dependents, who are defined as legal spouses, natural children, adopted children and stepchildren who live with the plan participant ... Kahn ruled that the question of whether Congress intended for ERISA to pre-empt... (Law.com)
Health fraud Aug 29, 2007
A second hearing should focus on the Employee Retirement Income Security Act, or ERISA. The 1974 federal law was explicitly intended to free multistate businesses from having to vary employee benefit plans to suit the whims of 50 state legislatures ... It is why the only state with an employer-mandate law (Hawaii) is the only one with a congressional ERISA exemption ... But instead of taking this daunting record seriously, N;;ez's staff has promoted the hallucinatory claim that ERISA, does, in... (San Diego Union-Tribune -- Opinion)
Aon Consulting Announces New Hires Across Asia Pacific Aug 24, 2007
"We are seeing a fundamental change in the market that requires a comprehensive approach to talent management from recruitment to development. Our new team is well positioned to respond to these needs by assisting organizations in the development and implementation of strategies to build and retain capable and high-performing leaders. "We are pleased this group of seasoned human resource professionals has chosen Aon to continue their successful careers," Merette added. About Aon Aon Corporation... (PR Newswire)
Consent Order Restores $3.5 Million, Appoints Independent Fiduciaries and Replaces Most Trustees to Plumbers Local 38 Employee Benefit Plans Aug 18, 2007
"This legal action puts the benefit plans under new, independent management and restores at least $3.5 million to the pension plan." The department's 2004 suit alleged violations of the Employee Retirement Income Security Act (ERISA) by current and former trustees Lawrence J. Mazzola Sr. (the business manager and financial secretary-treasurer of Local 38), Lawrence Mazzola Jr., William B. Fazande, Larry Lee, James R. Shugrue, Vohon J. Kazarian, Tom Irvine, Robert E. Buckley, Robert Buckley Jr.,... (PR Newswire)
Liner Yankelevitz Investigates Possible Claims Relating to Health Management Associates, Inc.'s 401(k) Plan Aug 11, 2007
SAN FRANCISCO, Aug. 10, 2007 (PRIME NEWSWIRE) -- Liner Yankelevitz Sunshine & Regenstreif LLP (``LYS&R'') has commenced an investigation relating to Health Management Associates, Inc. (``HMA'' or the ``Company'') and potential violations of the Employee Retirement Income Security Act of 1974 (``ERISA'') ... Liner Yankelevitz Sunshine & Regenstreif LLP is one of America's leading law firms handling ERISA retirement plan litigation ... Our attorneys helped pioneer this field in the Rite-Aid and... (Primezone Releases)
Expanded health coverage sought for students Aug 10, 2007
But federal lawmakers still need to amend ERISA because federal law, not state law, governs self-funded programs, Morse says. Rigney's insurance plans fall under that category. (USA Today -- Money)
Keller Rohrback L.L.P. Announces Investigation of HMA Stock in the Health Management Associates, Inc. Retirement Savings Plan Aug 10, 2007
SEATTLE, Aug. 9, 2007 (PRIME NEWSWIRE) -- Keller Rohrback L.L.P. () announced that it has commenced an investigation against Health Management Associates, Inc. (``HMA'' or the ``Company'') (NYSE: - ) for potential violations of the Employee Retirement Income Security Act of 1974 (``ERISA'') ... Keller Rohrback is one of America's leading law firms handling ERISA retirement plan litigation ... Keller Rohrback serves as lead and co-lead counsel in numerous ERISA class action cases, including cases... (Primezone Releases)
Aon Appoints Michael D. O'Halleran Aon Re Global Executive Chairman, Ted T. Devine Chief Executive Officer Aug 7, 2007
Potential factors that could impact results include: general economic conditions in different countries in which we do business around the world, changes in global equity and fixed income markets that could affect the return on invested assets, fluctuations in exchange and interest rates that could influence revenue and expense, rating agency actions that could affect our ability to borrow funds, funding of our various pension plans, changes in the competitive environment, our ability to... (PR Newswire)
ERISA Bars Medical Expense Lien Against Child's Trust Jul 26, 2007
In a huge win for lawyers representing children injured in auto accidents, a federal judge has ruled that an ERISA insurer has no right to enforcement of a lien for medical expenses when the minor's settlement funds are placed in a "special-needs trust.". In his nine-page opinion in Mills v. London Grove Township, Senior U.S. District Judge John P. Fullam held that since the child's father is the ERISA beneficiary, any lien from the insurer, ACS Recovery Services, would not "come into existence"... (Law.com)
Law Mandating Employer Health Care Spending Challenged Jul 26, 2007
Chhabria, San Francisco's attorney, said there's no major disagreement about whether the federal law at issue -- the Employee Retirement Income Security Act, or ERISA -- prevents local governments from meddling in companies' employee benefits plans ... "They seem to claim in their brief that our ordinance imposes mandates on ERISA plans, [but] the ordinance allows employers to comply however they want. They can comply by adopting an ERISA plan, or they can comply by simply writing a check to the... (Law.com)
Findley Davies Announces New Principals Jul 21, 2007
Steve is a Fellow of Consulting Actuaries, a Member of the American Academy of Actuaries, and an Enrolled Actuary admitted to practice under ERISA by the Joint Board for the Enrollment of Actuaries. He received his Bachelor of Arts degree from Ohio Wesleyan University, where he graduated Cum Laude and was a member of the Omicron Delta Kappa National Honor Society. (PR Newswire)
Tetragon Financial Group Limited: Performance Report for June 2007 Jul 18, 2007
In addition, it is expected that the Articles of Incorporation for TFG will be amended to permit pre-IPO TFG shareholders that are ERISA investors to participate in the plan. Additional details with respect to the Optional Stock Dividend Plan and the amendment to the Articles will be posted on TFG's website shortly. (PR Newswire)
On Health Care Reform Jul 11, 2007
" Critics have assailed these plans as tax shelters for the healthy and affluent; they've also pointed out that the incentives they give consumers to spend less on health care often result in the avoidance of necessary care. What's less often noted is that, like the Goodyear deal and the ERIC proposal, consumer-driven plans are designed to help employers curb their health costs. Companies contribute a set amount to health savings accounts, and there's no requirement for them to raise their... (San Francisco Chronicle -- Opinion)
Well, Mr. Dymally? Jun 28, 2007
Hearing on ERISA would be a public service ... Yesterday, six Assembly Republicans including GOP leader Mike Villines of Clovis and Dr. Alan Nakanishi of Lodi, ranking Republican on the Assembly Health Committee sent a letter asking Assembly Health Committee Chairman Mervyn Dymally, D-Compton, to hold a hearing on whether health initiatives touted by Gov. Arnold Schwarzenegger and Assembly Speaker Fabian N;;ez and Senate President Don Perata run afoul of the 1974 Employee Retirement Income... (San Diego Union-Tribune -- Opinion)
More of this story Jun 28, 2007
The federal employee benefits law known as ERISA applies to such self-funded health plans. ERISA plans are governed by federal anti-bias law, not state statutes ... But, he said, ERISA pre-empts state laws so that employers can offer a single set of benefits to workers in different states. (Brockton Enterprise, MA)
Denial over health en vogue in Capitol Jun 22, 2007
The plans may have another legal problem, however, and it's the federal law ERISA, which was aimed at superseding state-level employee benefit mandates and providing employers with national uniformity. Federal courts have repeatedly upheld ERISA's federal pre-emption, most recently in January when a district court of appeal overturned Maryland's "play-or-pay" health-care law ... Nez said he was "very confident" that the Legislature's plan would not run afoul of ERISA. That flies in the face of... (Fresno Bee -- Local)
Major Employers Increase Health and Disease Management Programs for Employees Jun 21, 2007
They also face the challenge of maintaining employee motivation while demonstrating that these programs make strict business sense, according to a survey of major U.S. employers conducted by The ERISA Industry Committee (ERIC), the National Association of Manufacturers (NAM) and IncentOne Inc. When broken down by type of program, companies with disease management programs are less likely to offer incentives for those programs than for other types of programs, the survey indicated ... The... (PR Newswire)
Big U.S. Employers Propose Health Benefits Overhaul Jun 15, 2007
Employers would continue to fund health insurance and retirement benefits, but would pool their purchasing power and outsource administrative functions to save money under the proposal, the ERISA Industry Committee said ... "This is not a simple proposal but neither is the current system," said Mark Ugoretz, president of ERISA Industry Committee. (MEDLINEplus)
Spatproves NFL must help retired players Jun 14, 2007
Duerson said the union only oversees a disability system guided by ERISA, the Employee Retirement Income Security Act, and directed by doctors. "All I'm saying is, I'm trying to help these guys, trying to get them some money. Does it come from the players association? Does it come from the owners? I don't know," Ditka said. (MSNBC -- Sports)
Major Employers Introduce Platform for New Option for Health and Retirement Security Jun 13, 2007
ERISA Industry Committee (ERIC) opens discussion of New Benefit Platform For Life Security WASHINGTON, June 13 /PRNewswire-USNewswire/ -- Today, a coalition of the country's largest employers called for a new option, and opened the door for a nation-wide discussion about how better to deliver retirement and health security to all Americans as well as respond to the needs of employers. The ERISA Industry Committee (ERIC), an association representing America's largest employers, introduced its... (PR Newswire)
Proposal would change health, pension coverage Jun 13, 2007
"This is middle ground between a total individualized system, which we don't think works, and single payer, which we also don't think works," says Mark Ugoretz, president of the ERISA Industry Committee, which drew up the proposal. "It retains the employer commitment and influence and offers universal coverage for all Americans." About 115 large employers are members of the committee named for the Employee Retirement Income Security Act. (USA Today -- Money)
Blue Cross and Blue Shield of North Carolina and the State Health Plan Reward North Carolina Physicians for Raising the Quality of Care Jun 12, 2007
The State Health Plan is self-insured and exempt from ERISA as a government-sponsored plan. Access the State Health Plan online at. (Yahoo News -- Press Releases)
Time to experiment Jun 6, 2007
But ERISA also included a provision coveted by large employers with uniform national benefit policies: a flat ban on states telling private firms what benefits they must provide ... No state law mandating that employers offer benefits has survived a court challenge, and sweeping Supreme Court rulings citing ERISA's power are ubiquitous ... Rob Andrews, D-N.J., the chairman of the House Education and Labor Committee's health, employee, labor and pensions subcommittee understands the ERISA barrier... (San Diego Union-Tribune -- Opinion)
Slow down, states May 26, 2007
It is a fundamental tenet of ERISA pre-emption that states may not mandate ERISA plan benefits outside the context of insurance regulation, the official said ... If the hearings confirm the view of the federal government, then any state strategy to require employer mandates must begin with an effort to persuade Congress to amend ERISA. ... But that is not why it was thrown out, as the appellate ruling made plain: The act thus falls squarely under [the] prohibition of state mandates on how... (San Diego Union-Tribune -- Opinion)
PIA Testifies on Health Insurance Issues at Hearing of House Small Business Committee May 25, 2007
PIA continues to have reservations about Association Health Plan (AHP) proposals that too closely or fully build their structure adhering to ERISA, without including the lessons learned from all the adverse and unintended consequences that continue under it. ERISA needs to be fixed before anything else is piled on top of it. (PR Newswire)
Jammin' thru health care reform May 12, 2007
Not only would such a law violate the state's constitution by levying a tax without two-thirds approval of the Legislature, but it will violate ERISA, a federal law that pre-empts all state laws regulating employee benefits. Certainly, there are many aspects of our health care system that need to be fixed, but our legislators and governor should not be in such a rush to claim a political victory that they violate the constitution, ignore federal law and harm the state's competitiveness -- all in... (San Francisco Chronicle -- Opinion)
Major employers, physicians, stakeholders unite to revolutionize America's healthcare system May 11, 2007
Through May 8, members included: Physicians: the American Academy of Family Physicians, the American Academy of Pediatrics, the American College of Physicians, and the American Osteopathic Association, collectively representing 330,000 physicians and medical students that deliver primary care services nationwide; Other Health Care Organizations: the National Association of Community Health Centers, representing more than 1,000 Federally Qualified Health Centers which serve 16 million people in... (EurekAlert! -- Business News)
Experts say health push may violate federal law May 10, 2007
The federal law that could short-circuit some of the state reform efforts is the Employee Retirement Income and Security Act of 1974, or ERISA, which pre-empts some state regulation so employers don't have to separately administer health plans in multiple states ... Supporters of the new law insist that lawmakers scrutinized ERISA closely to avoid any conflicts, but even some state officials have said they expect legal challenges ... A spokesman for the U.S. Department of Labor, which... (MSNBC -- Business)
Beneco opens Pittsburgh office, its first in the east May 4, 2007
Founded in 1987, Beneco historically has focused on providing its array of employee benefit plans -- including health and welfare, fringe benefit and ERISA compliant retirement and pension programs -- to open-shop contracting companies. Currently Beneco manages roughly $250 million in assets for more than 45,000 participants. (Pittsburgh Business Times, PA)
Md. drops effort to charge Wal-Mart for health costs Apr 17, 2007
Two federal judges ruled that the state law was pre-empted by the 1974 Employee Retirement Income Security Act, or ERISA. Most recently, a federal appeals court in Virginia rejected Maryland's law in January. Wal-Mart has about 16,000 employees in Maryland. (USA Today -- Money)
Does the proposed 3% tax on employers violate ERISA? Apr 10, 2007
Northeast PA Business Journal - Does the proposed 3% tax on employers violate ERISA ... Does the proposed 3% tax on employers violate ERISA ... "The upshot of the whole thing was this went to federal court and the state lost on the ERISA pre-emption because they were trying to mandate an employer." ERISA, the Employment Retirement Income Security Act, became a comprehensive federal law in 1974 that overhauled all existing pension and welfare plans, which includes group health insurances under a... (Pennsylvania Northeast Business Journal, PA)
