On April 26, 1995, the United States Supreme Court limited the reach of the preemption provision of ERISA in New York State Conference of Blue Cross & Blue Shield Plans v. Tavelers Insurance Co. ). In Travelers, the Supreme Court upheld the validity of a New York statute requiring hospitals to collect surcharges from patients covered by commercial insurers and requiring health maintenance organizations to pay a surcharge to the state's general fund that varies depending on the number of Medicaid-eligible (...) HMO members enrolled. Neither patients insured by Blue Cross/Blue Shield plans nor the plans themselves are similarly charged under the statute. Several commercial insurers and HMOs claimed the surcharges should be preempted under ERISA because they are levied on patients whose insurance or HMO membership premiums are purchased by an ERISA plan.The ERISA preemption clause means that federal regulation, or lack thereof, supersedes state regulation that is related to employee pension and benefit plans. This preemption clause prevents states from changing health care and benefit law for a significant portion of state residents. (shrink)

This revised version of Price's 1960 Gifford Lectures in two series at Aberdeen University presents an extensive analysis of the concept of belief and related problems. The author begins by exploring different senses of knowledge. He continues to examine some logical peculiarities of expressions about believing and knowing, of relationships between the two types of expressions, and remarks on the performatory aspects of the relevant expressions. Connections between believing, and the bearing on beliefs of perceptual evidence, self-consciousness, memory and testimony (...) are examined. The results of this examination are applied to introduce systematic distinctions and concepts, which are made constitutive of the concept of belief. The notion of degrees of belief is introduced. The problem of degrees of assent is examined in the context of Newman's criticisms of Locke's view. Specific theories of belief are surveyed, beginning with Hume's theory, and two traditional occurrence analyses of belief are touched upon. The first series is concluded with a brief examination of Descartes' and Hume's views on freedom of assent. The second series examines various dispositional analyses of belief; the notions of believing and "acting as if" are compared, and the connection between inference and assent examined. The notion of half-belief is reviewed, along with Newman's distinction between real and notional assent, and James' self-verifying beliefs. The second series concludes with a discussion of moral beliefs and feelings; belief "in" and belief "that" are compared, and the possibility of a rapprochement between religious belief and empiricist philosophy is examined. While the author offers no full-blown theory of belief--and does not purport to do so--he provides a most informative discussion of the matrix of epistemological and psychological problems called belief, offers new criticisms of both older and present-day views on persisting problems for belief-analysis, and refines these views with new distinctions and concepts.--J. R. H. (shrink)