Comments on: ERISA Preemption in the City by the Bay: It is Time for Congress to Act http://blog.oup.com/2008/01/erisa/ Introducing brilliant authors to the blogosphere. Sat, 21 Nov 2009 22:43:07 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: :: Ninth Circuit Decision In Golden Gate Restaurant Association v. San Fransisco - Further Analysis, More Doubts : Healthcare Reform 2008 http://blog.oup.com/2008/01/erisa/comment-page-1/#comment-139416 :: Ninth Circuit Decision In Golden Gate Restaurant Association v. San Fransisco - Further Analysis, More Doubts : Healthcare Reform 2008 Thu, 28 Feb 2008 18:42:56 +0000 http://blog.oup.com/2008/01/erisa/#comment-139416 [...] v. City and County of San Fransisco et al.by Edward A. Zelinsky.  Professor Zelinsky’s article, ERISA Preemption in the City by the Bay: It is Time for Congress to Act, notes that: On the merits, the Ninth Circuit’s reasoning does not persuasively implement the [...] [...] v. City and County of San Fransisco et al.by Edward A. Zelinsky.  Professor Zelinsky’s article, ERISA Preemption in the City by the Bay: It is Time for Congress to Act, notes that: On the merits, the Ninth Circuit’s reasoning does not persuasively implement the [...]

]]> By: Don Levit http://blog.oup.com/2008/01/erisa/comment-page-1/#comment-121402 Don Levit Fri, 18 Jan 2008 22:15:58 +0000 http://blog.oup.com/2008/01/erisa/#comment-121402 Professor Zelinsky: I agree with your assessment of the correct ruling by the fourth circuit, and the incorrect interpretation by the ninth circuit. I can appreciate states' concerns about wanting more authority to experiment with innovative health insurance approaches. However, don't you think the states were given an ERISA exemption back in 1983 to regulate MEWAs? If similar to the type of exemption they are now asking for, how do you think the states did with their authority 25 years ago? Don Levit Professor Zelinsky:
I agree with your assessment of the correct ruling by the fourth circuit, and the incorrect interpretation by the ninth circuit.
I can appreciate states’ concerns about wanting more authority to experiment with innovative health insurance approaches.
However, don’t you think the states were given an ERISA exemption back in 1983 to regulate MEWAs?
If similar to the type of exemption they are now asking for, how do you think the states did with their authority 25 years ago?
Don Levit

]]> By: Health Plan Law - ERISA Group Health Plan Administration » :: Ninth Circuit Decision In Golden Gate Restaurant Association v. San Fransisco - Further Analysis, More Doubts, http://blog.oup.com/2008/01/erisa/comment-page-1/#comment-121320 Health Plan Law - ERISA Group Health Plan Administration » :: Ninth Circuit Decision In Golden Gate Restaurant Association v. San Fransisco - Further Analysis, More Doubts, Fri, 18 Jan 2008 17:29:30 +0000 http://blog.oup.com/2008/01/erisa/#comment-121320 [...] City and County of San Fransisco et al.by Edward A. Zelinsky.  Professor Zelinsky’s article, ERISA Preemption in the City by the Bay: It is Time for Congress to Act, notes that: On the merits, the Ninth Circuit’s reasoning does not persuasively implement the [...] [...] City and County of San Fransisco et al.by Edward A. Zelinsky.  Professor Zelinsky’s article, ERISA Preemption in the City by the Bay: It is Time for Congress to Act, notes that: On the merits, the Ninth Circuit’s reasoning does not persuasively implement the [...]

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