Vermont Federal Judge Finds ERISA Does Not Preempt State Database Law

Vermont Federal Judge Finds ERISA Does Not Preempt State Database Law

BURLINGTON, Vt. - A Vermont federal judge on Nov. 9 dismissed a case seeking a declaration that the Employee Retirement Income Security Act (ERISA), 29 U.S.C.S. § 1001 et seq., preempts a state law requiring health insurers to provide information for the state's health care database, saying that ERISA does not preempt the statute (Liberty Mutual Insurance Co. v. Stephen W. Kimbell, in his official capacity as the Vermont Commissioner of Banking, Insurance, Securities and Health Care Administration, No. 11-204, D. Vt.; 2012 U.S. Dist. LEXIS 161069).

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