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Does ERISA preempt Texas House Bill 2055, as amended by House Bill 369 – The Small Employee Health Insurance Availability Act?

April 26, 2017employee ERISA health insurance House PREEMPT small Texas

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Does ERISA preempt Texas House Bill 2055, as amended by House Bill 369 – The Small Employee Health Insurance Availability Act?

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Probably. ERISA will preempt any state law other than any portion which “regulates” the business of insurance. The Texas Department of Insurance is aware of this possible conflict but has declined to seek an Attorney General’s opinion.