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ERISA Preemption and Remedies

Learn about how ERISA preempts state laws regulating employer-sponsored health insurance plans and provides exclusive federal remedies for ERISA violations.

Transcript

The Employee Retirement Income Security Act, or ERISA, is meant to provide federal oversight and a uniform regulatory system for employer-sponsored health insurance. ERISA does this by providing a set of federal rules. To prevent state interference with this federal scheme, ERISA also contains two provisions that preempt (1) state laws and (2) state remedies that attempt to regulate those same employer plans. Preemption means that a federal law takes precedence over certain state laws,...

Lessons

1. Welcome
  • Welcome to Healthcare Law
2. Health Insurance
3. The Structure of Healthcare Entities
  • The Professional Workforce
  • Forming a Healthcare Entity
  • Fiduciary Duties at Healthcare Entities
  • Tax-Exempt Status
  • Joint Ventures and Tax-Exempt Status
4. Fraud and Abuse in Healthcare
5. Antitrust Issues in Healthcare
  • Overview of Antitrust Laws in Healthcare
  • Mergers and Acquisitions in Healthcare
  • Working with Competitors
  • Payers with Market Power
6. Tort Liability of Healthcare Entities
  • The Physician-Patient Relationship
  • Physician Duties Regarding Information
  • Physician Duties Regarding Clinical Care
  • Hospital and Health Plan Liability
7. Recurring Legal Issues in Patient Care
8. Public Health Law