ERISA Preemption Landscape for State Health Reform

This project aims to evaluate the landscape of Employee Retirement Income Security Act (ERISA) preemptions and describe the federal changes required to modify ERISA preemption. The first part of the project will catalogue current state health reforms on cost control, assess their legal viability under ERISA, and highlight the features that make these efforts viable to provide state legislators a better roadmap to resist preemption claims. The team will do primary legal research to collect state laws, regulations, and pending litigation; identify common and unique provisions among them; and conduct a legal analysis predicting how courts would likely rule if challenged based on the recent Supreme Court ruling and other case law. The second part will identify the federal legislative changes needed to enable states to pursue a broader set of cost-control experiments.