ERISA Does Not Preempt State Law Imposing Tax On Health Claim Payments

ERISA Does Not Preempt State Law Imposing Tax On Health Claim Payments

DETROIT - The Employee Retirement Income Security Act, 29 U.S.C.S. § 1001 et seq., does not preempt the Michigan Health Insurance Claims Assessment Act, which imposes an assessment of 1 percent on the value of all claims paid by every carrier or third-party administrator for medical services that are rendered in Michigan to a resident of the state, including ERISA plans, a federal judge in Michigan ruled Aug. 31 (Self-Insurance Institute of America, Inc. v. Rick Snyder et al.,  No. 11-15602, E.D. Mich.; 2012 U.S. Dist. LEXIS 124405).

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