The American system of federalism is highly solicitous, generally speaking, of the prerogative of states to regulate the health and welfare of their citizens. ERISA, with its unusually broad preemptive provisions, has frequently required the Supreme Court to balance the federal interest in regulating employee benefit plans with the states’ long-standing interest in regulating their own affairs. Precisely that question—on the always hot-button question of health care—is posed in Gobeille v. Liberty Mutual Insurance Company, No. 14-181, in which the Second Circuit held that Vermont’s health care database law demanded too much reporting from entities ERISA deems “self-insured” plans. Working with the Vermont government’s top attorneys, Stris & Maher has filed a petition seeking Supreme Court review of the Second Circuit’s decision. Trade journal Modern Healthcare has reported on the importance of the petition.
Coverage linked above:
Who owns health data? Supreme Court may try answering that question (Modern Healthcare, December 18, 2014)
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