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.  

On Tuesday, California voters defeated Proposition 46 with a 67.2 percent majority.  Proposition 46 would have required drug and alcohol testing of doctors, reporting of positive tests to the California Medical Board, and an increase in medical malpractice caps. 

Kentucky’s Senate Bill 7 will now allow nurse practitioners to prescribe medications on their own, after prescribing under a physician in a collaborative agreement for four years. Nurse practitioners in Kentucky will still need a collaborative agreement with a physician to prescribe narcotics. Senate Bill 7 was passed on February 26, 2014 and went into effect on July 15.

The Council of State Governments will host a webinar entitled “Health Insurance Exchanges: Understanding State Options and Deadlines,” Tuesday, Dec. 6, 2-3 p.m. EST.

Massachusetts and Utah were among the first states to set up health insurance exchanges. Similar entities were subsequently referenced as health benefit exchanges in Subtitle D, Part II of the federal Patient Protection and Affordable Care Act of 2010. Here are some related state legislative resources that have or will appear in Suggested State Legislation volumes.

The 2011 Suggested State Legislation "Embryo Adoption" defines embryos and establishes criteria for legal custodianship of embryos.