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District Court Judge Says Michigan Health Care Claims Tax on Self-Insured Plans Not Pre-Empted by ERISA
Business Insurance; 
Sept. 5, 2012
"The Self-Insurance Institute of America Inc. challenged the law, arguing that it is barred by a provision in ERISA that pre-empts state and local laws and rules that relate to employee benefit plans. But U.S. District Court Judge Julian Abele Cook of the Eastern District of Michigan disagreed. The Michigan law 'does not mandate any particular benefit structure or bind administrators to certain benefit structures,' he wrote ... In addition, the law 'does not act exclusively on ERISA plans or single them out for different treatment but rather treats them the same as other entities' that make payments to health care providers, Judge Cook wrote."
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