Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

Education Consultant

(Remote / Putnam Valley NY)

Pentegra logo

Pension Consultant

Randall & Hurley, Inc.
(Remote / Liberty Lake WA / Helena MT)

Randall & Hurley, Inc. logo

Retirement Plan Administrator - Senior Associate

(Norfolk VA)

PBMares logo

Client Service Specialist

EPIC Retirement Plan Services
(Remote / Norwich NY)

EPIC Retirement Plan Services logo

Plan Compliance Analyst (Administrator)


RPA logo

Retirement Plan Administrator

Excellent TPA

Senior Defined Benefits Consultant

Loren D. Stark Company

Loren D. Stark Company logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile App image LinkedIn icon
Twitter icon
Facebook icon

<< Previous news item   |   Next news item >>

Supreme Court Justices Spar Over ERISA Preemption of State Health Care Databases
SCOTUSblogLink to more items from this source
Dec. 3, 2015

"The presentations of Bridget Asay (representing Alfred Gobeille, the responsible Vermont official) and John Bash (representing the federal government, supporting Vermont) were hampered by caustic criticism from Chief Justice John Roberts and Justices Antonin Scalia and Samuel Alito. Those Justices made two general points. First, consuming much of Asay's presentation, Scalia and Alito suggested that the collection of health-care data was a core ERISA function because of a provision added to the act by the ACA that gives the Secretary of Labor broad authority to collect such data.... Conversely, Justices Ruth Bader Ginsburg and Elena Kagan dominated the argument time of Seth Waxman on behalf of Liberty Mutual. From their perspective, the purposes of all-payer databases are so far removed from ERISA's core goals that it makes no sense to impute to ERISA an intent to prevent the data collection." [Gobeille v. Liberty Mutual Ins. Co., (2d Cir. Feb. 4, 2014, argued Dec. 2, 2015)]

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2022, Inc.