ERISA Reform in a Period of State Health Care Experimentation
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AbstractThis article summarizes the differences in operations and incentives between self-insured ERISA plans and traditional insured plans. It explains why ERISA changes are needed to permit state experimentation with health care reform and to improve its effectiveness as the primary oversight authority for employer health benefit plans. Specific recommendations include retaining ERISA's preemption as the law of the land, but conditioning that preemption upon a series of requirements to assure that the operation of multistate, self-insured benefit plans remains compatible with a market of insured plans.
Permission granted from publisher Dec. 3, 2010.