On March 1st, 2016, the Supreme Court issued its decision in Gobeille v. Liberty Mutual Insurance Company, 136 S. Ct. 936 (2016), and held that the Employment Retirement Income Act of 1974 (“ERISA”) preempts a Vermont statute requiring the collection of health care data. The majority (6-2) opinion held that ERISA preempts generally applicable reporting requirements under state laws that “relate to” ERISA plans by attempting to “govern . . . a central matter of plan administration” or “interfere with nationally uniform plan administration.”
The Gobeille decision is noteworthy in that it may effectively block a growing trend of states enacting strict reporting regimes applicable, in part, to ERISA-governed insured and self-insured plans. Furthermore, the opinion may undermine other state laws that necessitate gathering health care data — for example, state taxes levied on paid medical claims. As discussed in the attached memo, the scope of the Court’s decision in Gobeille is not entirely clear and future litigation at the federal district and circuit court level should be expected regarding the permissibility of states’ specific rules.
