Don Levit Posted March 30, 2006 Share Posted March 30, 2006 Jeanine: How do you know you must provide for benefits that are mandated by Ohio? How do you know that you cannot provide benefits that are prohibited? I wonder if your state has a nonconventional policy provision, which could allow for this. I am not saying that your commissioner would do this. The question is "Has this type of negotiation ever been attempted for fully insured plans?" Is there a state law in Ohio which prohibits this type of dialogue? Don Levit Link to comment Share on other sites More sharing options...
Don Levit Posted March 30, 2006 Share Posted March 30, 2006 Steve and Jeanine: One thing I forgot to mention. Metropolitan v. Massachusetts was a case between an insurer and a state. It was not between a plan sponsor and a state. Does anyone know of a federal case in which the 2 parties were a plan sponsor of a fully insured plan and a state? Don Levit Link to comment Share on other sites More sharing options...
Guest b2kates Posted March 30, 2006 Share Posted March 30, 2006 Don, should not exist, due to the Federal preemption of ERISA, states only regulate plans through the Department of Insurance requirements for insured contracts. Link to comment Share on other sites More sharing options...
Don Levit Posted March 31, 2006 Share Posted March 31, 2006 Don, should not exist, due to the Federal preemption of ERISA, states only regulate plans through the Department of Insurance requirements for insured contracts. Link to comment Share on other sites More sharing options...
Don Levit Posted March 31, 2006 Share Posted March 31, 2006 Brett: Real funny, you little ......... Okay, now this ERISA preemption stuff is hard to get a handle on. It's been litigated for over 20 years, so I doubt we can wrap this up today. But, if we work together, we can make some progress. Maybe we need a bit of a breather. Let me know when you feel more comfortable about sticking to the message, not the messenger. Believe me, the message is a bit more important than the messenger. Don Levit Link to comment Share on other sites More sharing options...
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