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Employer – Employee : ERISA – Preemption
Stephanie Maniscalco//January 13, 2017//
Where a trade association representing third-party plan administrators who manage prescription drug benefits on behalf of health plans subject to ERISA brought an action against Iowa’s insurance commissioner and attorney general arguing that a state regulatory statute was preempted by ERISA, the state law was preempted because it included a prohibited reference to ERISA or ERISA plans, so the dismissal of the complaint is reversed and remanded.
Judgment is reversed and remanded.
Pharmaceutical Care Management Association v. Gerhart (MLW No. 70083/Case No. 15-3292 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Perry, J.) Appealed from U.S. District Court, Southern District of Iowa, Jarvey, J. (M. Miller Baker, Washington, D.C., argued for appellant; Jason Michael Casini, Charles Robert Quigg and Mark Jacob Altschul appeared on the brief) (Jordan Esbrook, Des Moines, Iowa, argued for appellee).
Read the full text of this opinion. (PDF)
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