The American Dental Association filed an amicus brief to the U.S. Supreme Court asking justices to review a decision related to the broad application of ERISA preemption of state statutes concerning self-funded healthcare plans.
Last year, the U.S. Tenth Circuit Court of Appeals took a wide view on the application of the Employee Retirement Income Security Act, limiting the traditional authority of states to regulate healthcare plans and insurance, according to a June 12 news release from the ADA.
The Tenth Circuit Court of Appeals determined that ERISA preempts certain provisions of an Oklahoma law that regulates pharmacy benefit managers. The ADA claims that the decision contradicts the Supreme Court's 2020 decision in Rutledge v. Pharmaceutical Care Management Association, where the Supreme Court ruled it was clear that the ERISA preemption was not extensive.
The Oklahoma law regulates the administration of employee benefit plans, which includes dental care. The ADA's brief advocates for states to continue their traditional authority of regulating healthcare and insurance, and not have plans be regulated by the federal government.
The brief was developed and supported by numerous healthcare and dental organizations, the release said.