	ERISA and its Preemption Provisions

The Employee Retirement Income Security Act of 1974 (ERISA) provides a comprehensive federal scheme for the regulation of employee pension and welfare benefit plans offered by employers. Congress enacted ERISA to eliminate the conflicting and inconsistent regulation of pension and employee welfare benefit plans by state laws. U.S. Supreme Court Interpretation of ERISA Preemption

The scope and application of ERISA's preemption provisions have been addressed by the U.S. Supreme Court. The language of section 514(a) shows that Congress intended to preempt any state law that "relate[s] to any employee benefit plan."
The Employee Retirement Income Security Act of 1974 (ERISA) provides a comprehensive federal scheme for the regulation of employee pension and welfare benefit plans offered by employers. To avoid the inconsistent regulation of employee benefit plans by state laws, ERISA preempts "any and all" state laws as they relate to any employee benefit plan. The effect of ERISA preemption on the ability to bring state medical malpractice and negligence claims against health insurers, namely health maintenance organizations (HMOs), has caused concern among participants who seek the generally larger remedies that are available under state tort law. This report examines the preemption provisions of ERISA, the U.S. Supreme Court's interpretation of these provisions, and selected cases applying ERISA to state medical malpractice and negligence claims.