The recent news that President Barack Obama is willing to move forward the date on which states can apply for a federal waiver to implement their own version of healthcare reform raises new concerns for employers. If some states do put in place separate healthcare reform measures, big companies fear that might mean more regulations for them.
Currently, employers that have self-insured health plans are subject only to ERISA, the federal law regarding employee benefit plans, and not to state laws.
Even if the federal government lets states go with their own versions of health reforms, "they really should have no reach to a self-insured group health plan," says Paul Dennett, senior vice president of healthcare reform at the American Benefits Council. "But we'll only know that as we see actual waivers."
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