Employer Options While Law Enforcement Benefits Matter

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By Jeffrey Herman (April 26, 2022, 4:04 p.m. EDT) – Illinois passed the Consumer Coverage Disclosure Act in 2021.[1] In a nutshell, the CCDA requires all employers, large and small, to send employees a notice comparing their health benefits to a list of Essential Health Benefits, or EHB.

Civil penalties for non-compliance could range from a nuisance tax to astronomical penalties.

But it is unclear whether the CCDA is enforceable against private employers. Unless the state of Illinois backs down, litigation will ultimately determine whether this new law is preempted by the Employee Retirement Income Security Act.[2]

Pending further developments, here is what…

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