AAOMS joins ADA in SCOTUS brief on ERISA

June 17, 2024

Self-funded dental and medical insurance plans avoid state regulations – including many for which AAOMS has successfully advocated – citing federal preemption under the Employee Retirement Income Security Act of 1974 (ERISA). According to a recent report by the National Association of Dental Plans (NADP), nearly half of group dental benefits plans are self-funded.

In 2020, the Supreme Court – in Rutledge v. PCMA – narrowed the scope of ERISA preemption focusing on matters of plan administration. However, last year, the 10th U.S. Circuit Court of Appeals issued an opinion on PCMA v. Mulready, interpreting ERISA to have a wide reach and effectively stripping states within the district of authority over self-funded plans.

In May, the State of Oklahoma requested U.S. Supreme Court review of the 10th Circuit decision. AAOMS has joined the ADA in filing an amicus brief in support of Oklahoma’s petition. A favorable Supreme Court review could be a significant win for OMSs and AAOMS, preserving their ability to advocate for members and patients by empowering state insurance regulation.