In an effort to improve the cost, quality, and availability of care throughout the state, Vermont chose to require all insurance payors to supply certain health care expenditure information to a state run database. Liberty Mutual contended that Vermont’s law ran afoul of ERISA’s broad preemption provisions. After Stris & Maher assisted Vermont in successfully petitioning the Supreme Court to hear the case, Peter Stris, Brendan Maher, and Radha Pathak served as co-counsel on the merits briefing, with Vermont’s Solicitor General Bridget Asay to handle the oral argument. Lead counsel for Liberty Mutual is Seth Waxman, the former Solicitor General for the Clinton administration.
Related press coverage:
Vt. Urges High Court To Overturn ERISA Preemption Finding (Law360, November 20, 2015) (subscription required)
Contraception, data-sharing among issues expected on Supreme Court docket (Modern Healthcare, October 3, 2015)
High Court to Consider ERISA Implications of Vermont Health-Care Claims Database (Bloomberg BNA, June 30, 2015)
Who owns health data? Supreme Court may try answering that question (Modern Healthcare, December 18, 2014)