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Excerpt: [T]here is likely to be a legal challenge to this bill once it is signed into law under a theory of ERISA preemption. Although at one point I opined that I thought whether this state law would be preempted by ERISA would depend on whether a plan was fully insured or self-insured, I now believe that the part of the Massachusetts law dealing with employer payments will be preempted regardless how the insurance plan is established.
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