In the Press
Senior Health Policy Researcher Katie Gudiksen was quoted in the 2/5/2021 Law360 article “High Court ERISA Ruling Frees States To Tackle Health Costs“:
In the wake of this decision, experts say, insurers and other members of the health care supply chain felt increasingly emboldened to challenge oversight of their dealings as preempted by ERISA, and states began to shy away from attempts to regulate them.
“There was some fear — particularly after the Gobeille decision — that the jurisprudence around ERISA preemption was expanding,” said Katie Gudiksen, a senior health policy researcher at the health care pricing think tank at University of California, Hastings College of the Law. “That was the fear … that paralyzed some states, because if there was a question, they didn’t want to get caught up in litigation.”
“Rutledge really gave states confidence that wherever that line was with ERISA preemption, it doesn’t preempt this Arkansas law, so it shouldn’t preempt regulation that is just about pricing,” Gudiksen said.