preemption

Since the Supreme Court’s term began in early October it has agreed to hear 15 cases—13 at its “long” conference before the term began and two subsequently. Many will have an impact on the states. And a number will only impact specific states (and a territory!).   

While it would be hard to top the Supreme Court’s last term the October 2015 term is one to watch not just because the Court has accepted numerous cases on controversial topics. Adding to the intrigue, many of the Court’s decisions this term are likely to be discussed by the 2016 Presidential candidates as the election heats up, including a number of cases affecting the states. Here is a preview of the most significant cases for the states that the Court has agreed to decide so far. 

Vermont and at least 16 other states collect health care claims data. In Gobeille v. Liberty Mutual Insurance Company the Supreme Court will decide whether the Employee Retirement Income Security Act (ERISA) preempts Vermont’s all-payers claims database (APCD) law. The State and Local Legal Center (SLLC) filed an amicus brief arguing against ERISA preemption.

ERISA applies to most health insurance plans and requires them to report detailed financial and actuarial information to the Department of Labor (DOL). ERISA preempts state laws if they “relate to” the core functions of an ERISA plan. Vermont’s APCD law seeks the following medical claims data: services provided, charges and payments for services, and demographic information about those covered.  

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