What takes priority – state or federal parity legislation?
Whichever is the more demanding will prevail. The state laws remain subject to the broad preemption language in ERISA, and will generally only apply to fully insured plans, and possibly self-funded non-ERISA plans. Standard preemption provisions of state law apply; therefore, Michelle’s Law would preempt state insurance law to the extent that state law would prevent the application of Michelle’s Law.
