• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

PNHP

  • About PNHP
    • Mission Statement
    • Board of Directors
    • National Office Staff
    • Speakers Bureau
    • Local Chapters
    • Students for a National Health Program
    • Contact Us
    • Privacy Policy
  • About Single Payer
    • What is Single Payer?
      • Policy Details
      • FAQs
      • History of Health Reform
      • Información en Español
    • How do we pay for it?
    • Physicians’ Proposal
      • Full Proposal
      • Supplemental Materials
      • Media Coverage
    • The Medicare for All Act of 2025
  • Take Action
    • Moral Injury and Distress
    • Medical Society Resolutions
    • Recruit Colleagues
    • Schedule a Grand Rounds
    • Letters to the Editor
    • Lobby Visits
    • Organizing in Red Districts
  • Heal Medicare
    • HealMedicare.org
    • Sign our Petition
    • Take our Survey
    • Medicare Disadvantage
    • Stop REACH
  • Kitchen Table Campaign
    • Medicare Disadvantage
    • Maternal Mortality
    • Mental Health Care
    • Health Care Voters Guide
    • COVID-19 Endangers Health Workers
    • COVID-19 Exacerbates Racial Inequities
    • Public Health Emergencies
    • Rural Health Care
    • Racial Health Inequities
    • Surprise Billing
  • Latest News
    • Sign up for e-alerts
    • Medicare Advantage harms report
    • Members in the news
    • Health Justice Monitor
    • Articles of Interest
    • Latest Research
    • For the Press
  • Member Resources
    • 2024 Annual Meeting Materials
    • Member Interest Groups (MIGs)
    • Newsletter
    • Slideshows
    • Materials & Handouts
    • Kitchen Table Campaign
    • COVID-19 Response
      • Why we Need Medicare for All
      • PNHP’s 8-point plan
      • New Study: Perils and Possibilities
      • Emergency COVID-19 Legislation
      • Kitchen Table Toolkit
      • Take Action on COVID-19
      • Telling your COVID-19 story
      • PNHP members in the news
    • Events Calendar
    • Webinars
    • Film Room
    • Join or renew your membership
  • Home
  • Contact PNHP
  • Join PNHP
  • Donate
  • PNHP Store

Articles of Interest

Testimony on ERISA before the Vermont legislature

Share on FacebookShare on Twitter

By Ethan Parke
January 12, 2010

My name is Ethan Parke. I live in Montpelier, and I support universal health care in Vermont as outlined in S.88 and H.100. I thank the Senate President Pro Tem and the Chair of the Senate Health Care Committee for their commitment to giving serious consideration to S.88 in the Senate this year.

I want to address a reason that is frequently given for state legislators’ reluctance to consider public health care financing, and that issue is ERISA, the Employee Retirement Income Security Act. ERISA is a federal law that preempts states from enacting legislation “relating to” employee benefit plans.

In the course of deliberations on federal health care reform, it was reported that Senator Sanders asked for a legal opinion on the question of whether ERISA would preempt a state law establishing a state single payer system. The conclusion was that, although there is very limited case law on this matter, state legislators should not use ERISA as a reason to be defeatist in their attitude toward establishing publicly-funded health care. The following are reasons why this is so:

• Legislation creating a system that raises taxes to achieve a public good is different from a law that requires employers to provide a specific level of private benefits to their employees. Single payer is not an “employee benefit plan” as defined by ERISA.

• An ERISA challenge would target the financing mechanism in the state health care law. If (in a non-single payer system) employers are separately taxed and then required to provide a certain level of employee benefits, ERISA might be likely to preempt the state law. On the other hand, if an employer assessment is only one revenue source along with many others that are combined and deposited into a public fund that is used to provide uniform health care benefits to a population regardless of employment status, then ERISA is thought not to have the force of preemption.

• Although the first state to enact publicly-funded universal health care is likely to face a court challenge based on ERISA, a state with a properly structured single payer plan would have a strong case in its defense. Other state reform models, such as hybrid public/private programs in which employers are mandated to provide private insurance or pay a tax, would have much more difficulty surviving an ERISA challenge.

• ERISA was enacted to protect employees’ and retirees’ interests relating to pensions and health benefits. A single payer health system would strengthen those protections. In fact, looking solely at the health care aspects of ERISA, one could say that a single payer plan would fulfill all of the reasons for which ERISA exists. Therefore an ERISA preemption of a state single payer law would make no sense.

I hope these comments are helpful to you as you mark up S.88 and H. 100. Thank you.

Media Coverage

Testimony on ERISA before the Vermont legislature

Ethan Parke

Read More

Primary Sidebar

Recent Articles of Interest

  • UnitedHealth Has 2,694 Subsidiaries and Affiliates. Is It Too Big to Manage?
  • Atlanta doctors: We can’t let Washington gut Medicaid
  • How To Make America Sick
  • The Case for Universal Healthcare with Dr. Diljeet Singh
  • Proposed Medicaid cuts could lead to thousands of deaths, study finds
  • About PNHP
    • Mission Statement
    • Board of Directors
    • National Office Staff
    • Speakers Bureau
    • Local Chapters
    • Students for a National Health Program
    • Contact Us
    • Privacy Policy
  • About Single Payer
    • What is Single Payer?
      • Policy Details
      • FAQs
      • History of Health Reform
      • Información en Español
    • How do we pay for it?
    • Physicians’ Proposal
      • Full Proposal
      • Supplemental Materials
      • Media Coverage
    • The Medicare for All Act of 2025
  • Take Action
    • Moral Injury and Distress
    • Medical Society Resolutions
    • Recruit Colleagues
    • Schedule a Grand Rounds
    • Letters to the Editor
    • Lobby Visits
    • Organizing in Red Districts
  • Heal Medicare
    • HealMedicare.org
    • Sign our Petition
    • Take our Survey
    • Medicare Disadvantage
    • Stop REACH
  • Kitchen Table Campaign
    • Medicare Disadvantage
    • Maternal Mortality
    • Mental Health Care
    • Health Care Voters Guide
    • COVID-19 Endangers Health Workers
    • COVID-19 Exacerbates Racial Inequities
    • Public Health Emergencies
    • Rural Health Care
    • Racial Health Inequities
    • Surprise Billing
  • Latest News
    • Sign up for e-alerts
    • Medicare Advantage harms report
    • Members in the news
    • Health Justice Monitor
    • Articles of Interest
    • Latest Research
    • For the Press
  • Member Resources
    • 2024 Annual Meeting Materials
    • Member Interest Groups (MIGs)
    • Newsletter
    • Slideshows
    • Materials & Handouts
    • Kitchen Table Campaign
    • COVID-19 Response
      • Why we Need Medicare for All
      • PNHP’s 8-point plan
      • New Study: Perils and Possibilities
      • Emergency COVID-19 Legislation
      • Kitchen Table Toolkit
      • Take Action on COVID-19
      • Telling your COVID-19 story
      • PNHP members in the news
    • Events Calendar
    • Webinars
    • Film Room
    • Join or renew your membership

Footer

  • About PNHP
    • Mission Statement
    • Board of Directors
    • National Office Staff
    • Speakers Bureau
    • Local Chapters
    • Students for a National Health Program
    • Contact Us
    • Privacy Policy
  • About Single Payer
    • What is Single Payer?
      • Policy Details
      • FAQs
      • History of Health Reform
      • Información en Español
    • How do we pay for it?
    • Physicians’ Proposal
      • Full Proposal
      • Supplemental Materials
      • Media Coverage
    • The Medicare for All Act of 2025
  • Take Action
    • Moral Injury and Distress
    • Medical Society Resolutions
    • Recruit Colleagues
    • Schedule a Grand Rounds
    • Letters to the Editor
    • Lobby Visits
    • Organizing in Red Districts
  • Heal Medicare
    • HealMedicare.org
    • Sign our Petition
    • Take our Survey
    • Medicare Disadvantage
    • Stop REACH
  • Kitchen Table Campaign
    • Medicare Disadvantage
    • Maternal Mortality
    • Mental Health Care
    • Health Care Voters Guide
    • COVID-19 Endangers Health Workers
    • COVID-19 Exacerbates Racial Inequities
    • Public Health Emergencies
    • Rural Health Care
    • Racial Health Inequities
    • Surprise Billing
  • Latest News
    • Sign up for e-alerts
    • Medicare Advantage harms report
    • Members in the news
    • Health Justice Monitor
    • Articles of Interest
    • Latest Research
    • For the Press
  • Member Resources
    • 2024 Annual Meeting Materials
    • Member Interest Groups (MIGs)
    • Newsletter
    • Slideshows
    • Materials & Handouts
    • Kitchen Table Campaign
    • COVID-19 Response
      • Why we Need Medicare for All
      • PNHP’s 8-point plan
      • New Study: Perils and Possibilities
      • Emergency COVID-19 Legislation
      • Kitchen Table Toolkit
      • Take Action on COVID-19
      • Telling your COVID-19 story
      • PNHP members in the news
    • Events Calendar
    • Webinars
    • Film Room
    • Join or renew your membership
©2025 PNHP