Tag Archives: ERISA

A Modest Proposal for Fixing Gobeille

by Nicholas Bagley — Wednesday, Apr. 20, 2016

I’ve already groused about the Supreme Court’s decision in Liberty Mutual v. Gobeille, which reads ERISA to preempt state laws that ask self-insured plans to share claims data with all-payer claims databases (APCDs). Not only is the decision wrong, but it will hamper price transparency and frustrate health-care research. Sensitive to the concerns, the Court […]

Supreme Court Decisions Have Consequences

by Nicholas Bagley — Wednesday, Apr. 13, 2016

In Gobeille v. Liberty Mutual , the Supreme Court held that ERISA trumps state laws that require self-insured employers to share data on the prices they paid for health care for their employees. Predictably, and sadly, those employers look like they’re taking full advantage (paywalled) of the Court’s decision: Plans that provide health insurance in […]

The Supreme Court’s Wrongheaded Decision in Gobeille

by Nicholas Bagley — Thursday, Mar. 3, 2016

It never fails. You leave the country for a much-needed vacation and the Supreme Court drops an opinion you’ve been waiting for. On Tuesday, in Gobeille v. Liberty Mutual, the Supreme Court rebuffed Vermont’s effort to lift the veil of secrecy surrounding health-care prices. In an opinion by Justice Kennedy, the Court held that ERISA prevented […]