ERISA Preemption Doctrine as Health Policy

The Employee Retirement Income Security Act (“ERISA”) was passed by a Democratic Congress and signed by a Republican President, Gerald Ford, in 1974. Since that time, it has been a source of confusion and debate among scholars. The primary focus of the Act, as suggested by its title, was to protect employee pension plans. To this end, ERISA provisions regulate a number of aspects of employee pension plans— such as minimum funding requirements and specific reporting and disclosure requirements.

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