ERISA Victory: ERIC Applauds Court Ruling Upholding Employers’ Rights to Design Employee Benefit Plans

Washington, D.C., April 2, 2025 – On Monday, the U.S. District Court for the Eastern District of Tennessee granted a motion for summary judgment in McKee Foods Corporation v. BFP, Inc. The court agreed with McKee Foods that the Employee Retirement Income Security Act preempts key provisions of Tennessee’s law requiring that employers include “any willing pharmacy” in the networks maintained by the pharmacy benefit plans employers sponsor for workers and their families.

ERIC Cautions Texas Health Care Legislation Raises ERISA Preemption Concerns

Washington, D.C., March 10, 2025 – The ERISA Industry Committee (ERIC) last week wrote to Chair Kolkhorst and Members of the Texas Senate Committee on Health and Human Services expressing concerns that state policies, such as those proposed by SB 1122, would interfere with the design and administration of self-funded health benefit plans governed by the federal Employee Retirement Income Security Act of 1974 (“ERISA”). Given the rising cost of prescription drugs and the growing interest in regulating pharmacy benefit managers (PBMs), ERIC urged the Committee to address the ERISA preemption issues raised by SB 1122 to avoid legal challenges seen in other states. An ERIC statement can be found below and is attributable to Dillon Clair, Director of State Advocacy for ERIC.