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.
CITATION STYLE
McCuskey, E. Y. (2020). ERISA Reform as Health Reform: The Case for an ERISA Preemption Waiver. Journal of Law, Medicine and Ethics, 48(3), 450–461. https://doi.org/10.1177/1073110520958868
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