title: ERISA as an obstacle to fair share legislation and other state initiatives to expand coverage to the uninsured and underinsured.
abstract: As states experiment with legislation designed to address problems of healthcare affordability and accessibility by requiring employers to offer or spend more on employee health benefit plans, courts increasingly will be called upon to determine whether such mandates run afoul of ERISA. This article examines the potential impact of existing case law on current legislative initiatives.
authors.affiliation: McKenna Long & Aldridge LLP, Georgia, USA. kbutler@mckennalong.com
authors.forename: Kathlynn Butler
authors.initials: KB
authors.lastname: Polvino
authors.forename: Mazda K
authors.initials: MK
authors.lastname: Antia
authors.forename: Jeremy P
authors.initials: JP
authors.lastname: Burnette
mesh_terms: D019461:Employee Retirement Income Security Act / Q000331:legislation & jurisprudence*; D006801:Humans; D019458:Insurance Coverage / Q000331:legislation & jurisprudence*; D017057:Medically Uninsured; D013221:State Health Plans / Q000331:legislation & jurisprudence*; D014481:United States