NCOIL to Examine ERISA’s Impact on State Health Plans


For Immediate Release
November 7, 2018
Contact: Paul Penna
(732) 201-4133

Can Meaningful State Reform in an ERISA-Dominated Marketplace Be Achieved?

Manasquan, NJ – Commissioner Tom Considine, NCOIL CEO announced the Health General Session at the 2018 Annual Meeting in Oklahoma City is “Examining the Role of ERISA in the State Based System of Insurance Regulation: Can Meaningful State Reform in an ERISA-dominated marketplace be achieved?” featuring a distinguished group of presenters.

“We continue to strive to discuss insightful topics that educate legislators and participants with policy experts that deeply understand issues” said Considine. “This topic is timely because ERISA seems to pervade NCOIL discussions of policy solutions for a variety of issues.”

The panel includes Professor Jonathan B. Forman, Kenneth E. McAffee Centennial Chair of Law University of Oklahoma College of Law; Professor Elizabeth McCuskey, Co-Director, JD/MD & JD/MPH Joint Degree Programs, University of Toledo College of Law; James Gelfand, Senior Vice President, Health Policy, ERISA Industry Committee (ERIC); and The Honorable Jessica Altman Commissioner, Pennsylvania Department of Insurance, Vice Chair, NAIC Health Insurance and Managed Care (B) Committee.

“When I was in the insurance industry, approximately 40% of the health care market fell under the jurisdiction of state regulation. This shrank to about one-third while I was serving as New Jersey’s Banking & Insurance Commissioner, and now it is at risk of dipping below 30%. This is directly
related to employers of smaller size moving to self-funded ERISA plans,” Considine concluded.

The Health General Session is scheduled for Thursday, December 6th from 11:30 a.m. – 1:00 p.m. at the Renaissance Oklahoma City. Registration is open for the NCOIL Annual Meeting at


NCOIL is a national legislative organization with the nation’s 50 states as members, represented principally by legislators
serving on their states’ insurance and financial institutions committees. NCOIL writes Model Laws in insurance and
financial services, works to preserve the State jurisdiction over insurance as established by the McCarran-Ferguson Act
seventy years ago, and to serve as an educational forum for public policymakers and interested parties. Founded in 1969,
NCOIL works to assert the prerogative of legislators in making State policy when it comes to insurance and educate State
legislators on current and longstanding insurance issues.