Comments on: “Will Changes to the Employer Fair Share Contribution be Preempted by Federal Law?” Amy B. Monahan http://commonhealth.wbur.org/guest-contributors/2008/09/will-changes-to-the-employer-fair-share-contribution-be-preempted-by-federal-law-amy-b-monahan/ CommonHealth Sat, 20 Mar 2010 02:36:04 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: CommonHealth http://commonhealth.wbur.org/guest-contributors/2008/09/will-changes-to-the-employer-fair-share-contribution-be-preempted-by-federal-law-amy-b-monahan/comment-page-1/#comment-7806 CommonHealth Thu, 25 Sep 2008 22:45:13 +0000 http://commonhealth.wbur.org/?p=702#comment-7806 WBUR asked Ms. Monahan to add her thoughts about whether a threshold the state plans to set for health plan benefits might violate ERISA. Here's her response: The minimum creditable coverage standards shouldn't implicate ERISA (and therefore risk being preempted) because they merely establish the requirements for individuals to satisfy the individual mandate. Because it's a requirement that only individuals must meet, the connection to an employee benefit plan would be considered too remote to be held preempted by ERISA. WBUR asked Ms. Monahan to add her thoughts about whether a threshold the state plans to set for health plan benefits might violate ERISA. Here’s her response:

The minimum creditable coverage standards shouldn’t implicate ERISA (and therefore risk being preempted) because they merely establish the requirements for individuals to satisfy the individual mandate.

Because it’s a requirement that only individuals must meet, the connection to an employee benefit plan would be considered too remote to be held preempted by ERISA.

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