Coalition Letter Opposing CSHB 2021: ERISA Prescription Drug Mandate

CSHB 2021 is a direct attempt to apply state law to self-insured ERISA plans and the benefits employers can offer to their employees. While the U.S. Supreme Court ruling in Rutledge v. Pharmaceutical Care Management Association, 141 S. Ct. 474 (2020) did address price setting under ERISA plans, the Court specifically stated that state legislation is pre-empted when it interferes with plan design and administration. CSHB 2021 goes beyond price setting and interferes with plan design and administration by imposing administrative requirements and mandating that self-funded ERISA plans provide specific benefits. The passage of CSHB 2021 would be detrimental to the overall economic health of Texas employers, and we ask that you stand with the business community by opposing CSHB 2021.

Read the full letter.

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