Various privacy laws are potentially applicable to businesses, employers and sponsors of employee benefit plans, not the least of which is the Health Insurance Portability and Accountability Act (HIPAA). While the specifics of the laws vary, certain basic principles apply across
ERISA Blog
The ERISA Blog, published by Tucker Ellis LLP, focuses on legal issues related to the Employee Retirement Income Security Act of 1974 (ERISA). It covers topics such as Employee Stock Ownership Plans (ESOPs), fiduciary duties and litigation involving 401(k) plans, regulatory developments including the Department of Labor's Fiduciary Rule, tax implications and cost of living adjustments for employee benefit plans, and compliance challenges related to employer shared responsibility under the Affordable Care Act. The blog analyzes court decisions, regulatory changes, and practical considerations for employers, plan fiduciaries, and participants in retirement and employee benefit plans.
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ERISA Express Preemption Superpower Beats Iowa Pharmacy Benefits Manager Law
This year, in Pharmaceutical Care Management Association v. Gerhart, the Eighth Circuit applied Gobeille to reverse the dismissal of the claims of the pharmacy benefits manager (“PBM”) association. Ruling in the association’s favor, the Court held that ERISA expressly preempts an Iowa…