Washington and Oregon State Legislators are trying to reach around ERISA
The Employee Retirement Income Security Act (ERISA), enacted in 1974, aimed to establish a unified framework of laws applicable nationwide. From its inception, ERISA has been broadly implemented.
Notably, Section 1144 of ERISA asserts that federal law takes precedence over state law concerning employee benefit plans. This concept holds immense significance, as it ensures that plans operate under a singular set of rules for health and pension benefits, avoiding the complexities of dual regulations.
Foley Hoag, LLC: Foley Hoag Secures Victory In 10th Circuit For PCMA, Blocking Oklahoma’s Restrictions On Pharmacy Networks In Medicare Part D And Employer-Sponsored Health Plans
August 24, 2023
Foley Hoag LLP represented the Pharmaceutical Care Management Association (PCMA) in its challenge of Oklahoma’s Patient’s Right to Pharmacy Choice Act. The law restricted how health plans, including employer- and union-sponsored health plans and Medicare Part D prescription drug benefit plans, design and structure the pharmacy networks at which beneficiaries can use their prescription drug benefits.
ERISA is Department of Labor not Congress
It is important to understand that ERISA was not written by Congress, but rather by the United States Department of Labor (DOL). The DOL was created in 1913 as part of the New Deal. This agency is tasked with enforcing a number of federal laws related to labor unions and employee benefit plans.
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