January 23, 2020
Issue: Litigation and state and local laws affecting employer-sponsored group health plans threatens to undermine uniform, cost-effective administration of employer-sponsored plans.
Position: Maintaining ERISA as the primary legal framework for employer-sponsored benefit plans will support efficient plan administration and allow plan sponsors to devote more resources to employee compensation and benefits. Therefore, Business Group on Health supports:
- Preserving ERISA as the primary law governing employer-sponsored benefit plans.
- ERISA preemption of state and local laws that interfere with or impose costs on the administration of employer-sponsored benefit plans.
- Maintaining plan sponsors’ ability and flexibility to design employee benefit plans to suit the needs of their lines of business and employee populations.
- Evidence-based standards for high-quality and cost-effective health care rather than benefit mandates.
- Uniform, evidence-based national standards for any legally-mandated benefits, health information technology, privacy protection, and provider licensure requirements that affect employer-sponsored benefit plans.
- Preserving federal jurisdiction over cases involving employer-sponsored benefit plans.
- Medical malpractice reform that reduces incentives for defensive medicine, curbs frivolous litigation, and places reasonable limits on damages.
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Articles & Guides



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IntroductionPolicy Position Statements
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COVID-19Business Group on Health's Position Statement on COVID-19
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Drug PricingBusiness Group on Health's Position Statement on Drug Pricing
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HSAsBusiness Group on Health's Position Statement on Health Savings Account (HSA) Policy
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Medicare for AllBusiness Group on Health's Position Statement on Medicare-for-All/Medicare Expansion
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OpioidsBusiness Group on Health's Position Statement on Opioids
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Paid LeaveBusiness Group on Health's Position Statement on Paid Leave Policy
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Payment and Delivery ReformBusiness Group on Health's Position Statement on Payment and Delivery Reform
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ERISABusiness Group on Health's Position Statement on Preserving ERISA
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Provider ConsolidationBusiness Group on Health's Position Statement on Provider Consolidation
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Surprise BillingBusiness Group on Health's Position Statement on Surprise Billing
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Tax ExclusionBusiness Group on Health's Position Statement on Taxing Benefits
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TelehealthBusiness Group on Health's Position Statement on Telehealth
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TransparencyBusiness Group on Health's Position Statement on Transparency