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3. Describe ERISA preemption of state insurance laws and mandates. Discuss the implications of this preemption.

3. Describe ERISA preemption of state insurance laws and mandates. Discuss the implications of this preemption.

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Answer #1

ERUSA preemption of state insurance law and mandates:

1. If the state wanted to discourage employer from dropping current employee coverage ERISA would pose a problems because of state individuals mandate law that explicity imposes the obligations on emoyer or employer sponsored health plans is likely to be preempted.

2. Preempted is a state law that related to employee benefit plan.

3. State can not regulate ERISA plan directly only it regulate insurer by this it regulate ERISA.

4. ERISA clause that regulate insurance plans and insurer.

Implications:

1. Process can not be fired at any time.

2. Employer pa and play law

3.Public program premium assistance program

4. It withstand the ERISA plan.

5. Health coverage tax relaxation.

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