Daly Temchine, Member of the Firm, will discuss whether the Patient Protection and Affordable Care Act (PPACA) poses a threat to the liabilìty protections afforded to benefit plans, their fiduciaries, and service providers by the Employee Retirement Income Security Act's (ERISA'S) preemption provisions. The discussion will incìude a brief summary of (1) the current status of the case law and U.S. Department of Labor's evolving position concerning the scope of ERISA preemption, and (2) the prospect that particular language in PPACA might be interpreted in a manner that would defeat ERISA preemption otstate law claims in connection with benetit denials.
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