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As the Employee Retirement Income Security Act (ERISA) celebrates its 50th anniversary, a House hearing on strengthening the legislation will focus on the growing conflict between state law and federal preemption when it comes to regulating drug benefits. The debate over federal preemption and state regulation is expected to be a central topic of discussion as lawmakers seek to update and improve ERISA in its 50th year.

During the hearing, lawmakers will address the concerns raised by various business groups regarding the conflicting priorities of state and federal regulations on drug benefits under ERISA. These groups have different views on the role of preemption in regulating employee benefits and will likely seek solutions that strike a balance between state and federal oversight.

James Gelfand, president and CEO of the ERISA Industry Committee (ERIC), a group representing large employers, has highlighted preemption as a key issue in discussions about ERISA in Congress. He mentioned that employers are in favor of preemption, but state interest groups are concerned about the current level of preemption and do not want to see it strengthened further.

The upcoming hearing will provide a platform for stakeholders to express their views and propose potential solutions to address the growing tension between state and federal regulations. The debate over this issue is complex, requiring careful consideration from lawmakers as they work to improve ERISA in light of its 50th anniversary.

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