ERISA Preemption of California HMO Law

This document is about a U.S. Department of Labor advisory opinion on whether ERISA preempts a California law that prohibits HMOs from offering enrollment incentives. The Department concludes that to the extent the California law is interpreted to prohibit an ERISA-covered welfare plan from providing incentives to participants to enroll in certain HMO options, it is preempted by ERISA.

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