The Role of ERISA Preemption in Health Reform: Opportunities and Limits

It should come as no surprise to any observer of health policy debates that the preemption provisions of the Employee Retirement Income Security Act will play a major role in determining the contours of any health reform initiative. For the past few years, many states have been aggressively pursuing health reform experiments, while congressional action has essentially been deadlocked along partisan political lines. Yet after the 2008 election results, there is reason to expect considerable congressional attention to health reform. President Obama has made health reform a priority of his administration, and several members of Congress have long been waiting for an opportunity to pursue health reform legislation.