FHC Comments on Department of Labor post-Gobeille Rule


FHC commented on the Department of Labor’s (DOL) proposed rule on the Employee Retirement & Income Security Act of 1974 (ERISA) data reporting requirements. DOL’s proposed rule follows the March 2016 Supreme Court ruling that ERISA preempts the authority for state all payer claims databases (APCDs) to collect claims data from self-insured ERISA plans. Since self-insured plans are 50-60% of commercial claims, Gobeille puts a potentially big dent in APCDs. The DOL's proposed rule asked for comments on new data collection requirements generally and particularly for APCDs. A uniform federal standard would make the process easier for carriers AND states, possibly paving the way for a de facto standard for all APCD data submissions, including fully-insured plans. FHC’s comments highlight the benefits of expanded DOL reporting requirements for ERISA plans and provide specific suggestions on how to apply those requirements.

We strongly encourage all APCD states and interested parties to submit comments to the DOL prior to the December 5thdeadline. Please contact John Freedman or Linda Green if you need assistance with comments, or if you wish to discuss strategy and tactics post-Gobeille

FHC DOL Comments FHC DOL Comments (1108 KB)


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