Advising California — ERISA and the ACA

The Challenge

Helping California’s Department of Managed Health Care to navigate the complex intersection of federal and state law governing health insurers.

The Engagement

The passage of the Patient Protection and Affordable Care Act in 2010 was the most important change to the law of health care in years. The particulars of that legislation, and its effect on both ERISA and state law, has given regulators and industry new opportunities to develop and propose innovative approaches to new and old challenges concerning affordable health insurance. Brendan Maher was retained by DMHC to examine the suitability of a variety of potential regulatory approaches in this evolving environment.

The Result

A phased, formal analysis was delivered to the DMHC regarding the opportunities and challenges of potential regulatory paths that could achieve the State’s objectives.