Publication Date

2001

Document Type

Article

Abstract

The article discusses the challenges and potential solutions for states to access employer health plan information under the constraints of the Employment Retirement Income Security Act (ERISA) of 1974. It focuses on the importance of such access in supporting Medicaid expansion programs, using Wisconsin’s BadgerCare initiative as a case study. The article highlights the growing concern about "crowd out," where public health programs may displace employer-sponsored insurance, and argues for balanced public-private health coverage. It examines legal avenues for circumventing ERISA preemption, including federal law exceptions, Qualified Medical Child Support Orders (QMCSOs), and provisions under Title XIX of Medicaid. By leveraging these pathways, the article suggests states could improve program efficiency, ensure comprehensive coverage, and maintain fiscal sustainability. The analysis underscores the broader implications of employer health plan transparency for universal healthcare access within the framework of state-federal collaboration.

Publication Title

Quinnipiac Health Law Journal

Volume

5

Issue

1

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