This paper will discuss the federal-state tension concerning the regulation of health care and the impact of ERlSA on this relationship. Part I discusses the historical basis for state regulation of health care. Part II is a basic primer on ERlSA including a review of its legislative history. Part III reviews the Supreme Court's treatment of preemption. Part IV discusses some of the current state health regulatory efforts with ERISA, in the background, as the omnipresent trump card. Part V concludes asserting that states are the logical site for regulation of health care and that a federal-state partnership is the best environment in which to address ERlSA complexities.
University of New Mexico School of Law
Blankenship, Caroline. "ERISA and State Regulation of Health Care." (2001). https://digitalrepository.unm.edu/law_studentscholarship/25