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

Autor: McCuskey EY; Elizabeth Y. McCuskey, J. D., is a Professor of Law at the University of Massachusetts School of Law.
Jazyk: angličtina
Zdroj: The Journal of law, medicine & ethics : a journal of the American Society of Law, Medicine & Ethics [J Law Med Ethics] 2020 Sep; Vol. 48 (3), pp. 450-461.
DOI: 10.1177/1073110520958868
Abstrakt: 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.
Databáze: MEDLINE