A new issue brief providing an update on the Federal Court of Appeals ruling is now available. In January 2007, the Fourth Circuit Court of Appeals upheld a lower court’s July 2006 decision that ERISA preempts Maryland’s “Fair Share Act,” which required large employers to spend up to 8 percent of their payroll on employee health benefits or pay the difference to fund the state’s Medicaid program. The paper discusses in detail:
- The majority opinion and the dissenting opinion
- An analysis of the court’s opinion
- How the decision could affect state health care access options
The publication, written by Patricia Butler, JD, DrPH, is part of a continuing series of policy papers on ERISA published by the Robert Wood Johnson Foundation's State Coverage Initiatives program and the National Academy for State Health Policy.
