In a closely observed federalism battle over the scope of ERISA
preemption, the Supreme Court came down on the side of Federal
power. Specifically, in Gobeille v. Liberty Mutual Insurance
Company, the Court, in a 6-2 ruling, concluded that ERISA
preempted a Vermont law.
The state law at issue required all health insurers, including
self-insured health plans governed by ERISA, to provide the state
with reports relating to claims data (e.g., claims
submitted, claims paid) and other information related to health
care. The purpose of the statute is to help provide information to
consumers and to improve health care in Vermont.
Writing for the majority, Justice Kennedy concluded that because
reporting, disclosure, and record keeping are central ERISA
functions, and because violation of ERISA's reporting
requirements can result in civil and criminal liability,
Vermont's reporting regime intruded upon a central matter of
ERISA plan administration and interfered with
