ERISA Preempts Discrimination Action When Employer Stops Health Benefits
- Topics:
- Health Insurance
- Tags:
- Benefits,
- Software,
- Regulations,
- Payroll Solutions,
- Human Resources,
- Healthcare,
- Health Care,
- Health Benefit,
- Government,
- ERISA,
- ...
- Source:
- Foley & Lardner
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Overview: The California Workers’ Compensation Appeals Board ruled that an employer couldn’t be liable under Labor Code Section 132a when it discontinues health benefits provided pursuant to an ERISA plan. This decision permits an employer with an ERISA regulated health plan to discontinue paying for employee health benefits for employees on indefinite leave of absence in accordance with its standard health plan rules even where the leave is caused by an industrial injury. The decision does NOT alter an employer’s obligation to continue benefits if the health plan is exempt from ERISA such as most church plans and plans provided by public employers and school districts. This white paper gives the update of rules, which imply when an employer stops health benefit.
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Format: PDF | Size: 51KB | Date: Jul 2002 | Pages: 3
