Fight Brewing Over Health Benefits Preemption Gets House Hearing

The growing tension between state law and federal preemption over regulating drug benefits will be high on lawmakers’ agenda at an upcoming House hearing on strengthening the Employee Retirement Income Security Act as the law turns 50.

“When you’re talking about ERISA in Congress, you know preemption is the main focus,” said James Gelfand, president and CEO of the ERISA Industry Committee (ERIC), which represents large employers. “Employers love preemption,” he said, but groups that represent state interests “don’t like the preemption we already have, much less do they want to see it strengthened.”

Many business groups that responded to ...