Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices, in the firm’s Washington, DC, office, was quoted in AIS Health Business Daily, in “Supreme Court Gives Plans a Win in ERISA Case, but What’s Next?”
Following is an excerpt:
Gerson says the Liberty Mutual case made pre-emption necessary in order to block multiple jurisdictions from imposing differing, or even parallel, regulations, creating burdensome and costly administrative efforts and threatening to subject health insurers to wide-ranging liability.
“ERISA’s uniform rule design also makes clear that it is the Sec. of Labor, not the separate states, that is authorized to decide whether to exempt plans from ERISA reporting requirements or to require ERISA plans to report data such as that sought by Vermont,” he explains. “The court went on to reject Vermont’s arguments about the lack of economic loss by Liberty Mutual or its traditional power to regulate in the area of public health.”
This article also appeared in Health Plan Week on March 7, 2016, and was reprinted by AIS Health Business Daily.