7/28/16 - ERIC FocusOn Webinar: SIIA v. Snyder – Can a state (or locality) tax ERISA plans, require claims reporting? Thursday, July 28, 2016 (2pm - 3pm US/Eastern)

Call Time: 2:00 PM - 3:00 PM (EST)

This is a member-only webinar.
The slides for this call are available on the View Meeting Documents section at the top of this page.

In the wake of the Gobeille decision, we thought the Supreme Court made it clear that states cannot demand our claims data. But another case is throwing that into contention. The state of Michigan in 2011 established a tax of 1% of the cost of all health claims in order to fund their Medicaid program. This includes claims paid by self-insured plans, requiring that ERISA plans both pay the tax, and subject themselves to reporting (and audit) requirements to facilitate this tax.

SIIA sued the state (represented by Governor Rick Snyder), and the case advanced all the way to the Supreme Court, where the justices sent the case back to the 6th Circuit for reconsideration in light of Gobeille. Unfortunately, the 6th Circuit upheld the tax and associated reporting requirements. And now idea of taxing “all payers” in a state is spreading like a virus, as more state legislatures begin to consider following suit once this litigation is complete.

Please join ERIC, ERIC Advisory Council member Tony Shelley of Miller & Chevalier, and ERIC Board Member and Legal Committee Chair Kevin Covert of Honeywell, to discuss this critical case, and where employers go from here.

To register for the call, click on the "Register Now" link at the top of this page (you will need your username and password to register).

If you are a prospective member and would like to participate in the call, please contact ERIC at 202-789-1400 or e-mail: memberservices@eric.org.