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ERISA Reform as Health Reform: The Case for an ERISA Preemption Waiver
1Elizabeth Y. McCuskey, J. D., is a Professor of Law at the University of Massachusetts School of Law.
Abstract:
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.
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