U.S. Court of Appeals for the Eleventh Circuit

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February 14, 2014

The 11th Circuit affirmed America’s Health Insurance Plan’s win in the district court.

U.S. Chamber argues state law imposing new reporting requirements on self-funded insurance plans preempted by ERISA

May 01, 2013

NCLC urged the Eleventh Circuit to affirm the decision of the district court, which held a Georgia law imposing additional reporting requirements on self-funded insurance plans was preempted by ERISA. NCLC argued in its amicus brief that ERISA preempts state laws, like the one in this case, that frustrate Congress’s goal of uniformity in plan administration. NCLC pointed out that a majority of workers with employer-provided health benefits are in self-funded plans that cover employees in many different states and it is critical that these plans remain free from state regulation in order to continuing providing employees with efficient, cost-effective coverage. NCLC argued that to require self-funded plans to comply with a multitude of different, and conflicting, rules governing the process and payment of benefits claims would result in gross inefficiencies and increased administrative costs.

Carol Cohen and Nancy Heermans of the law firm Arent Fox LLP served as the Litigation Center's co-counsel on the brief.

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