Court Rules for Wal-Mart in Maryland Suit [health care spending mandates.......]

New York Times ^

[Sub-Driver]

Court Rules for Wal-Mart in Maryland Suit By MICHAEL BARBARO

A federal appeals court ruled today that Maryland violated federal law when it required Wal-Mart Stores to increase spending on employee health insurance, in a decision that appears likely to end a bitter yearlong legal battle that pitted state legislators, organized labor and health care advocates against the nation’s largest retailer.

The 2-to-1 ruling by a panel of the United States Court of Appeals for the Fourth Circuit is a major setback — if not a fatal blow — for a nascent campaign, called “fair share,” that sought to move millions of America’s working poor off of state-sponsored insurance programs, like Medicaid, and on to employer-based plans.

Facing ballooning Medicaid costs, the Maryland state legislature last year passed a law forcing major employers to spend the equivalent of 8 percent of their payrolls on health care. But it structured the legislation so that it was aimed at only one company — Wal-Mart, which has many workers rely on Medicaid in states from Maryland to Georgia.

Encouraged by the Maryland law, the first of its kind in the nation, lawmakers in dozens of other states said they would introduce similar bills to confront spiraling Medicaid costs.

But the appeals court, upholding a lower court ruling, found that the Maryland rule violated a federal labor law intended to allow companies to create a uniform system of health benefits across the country, rather than navigate a patchwork of state-by-state requirements.

By requiring employers in Maryland to restructure insurance plans, the court found, the law “conflicts” with the intent of the federal labor law, known as the Employee Retirement Income Security Act, or ERISA.

[Tijeras_Slim]

The peninsula that includes the entire state of Delaware, the Eastern Shore of Maryland and a small piece of Virginia at the southern tip.

Actually it contains Talbot County and abunch of other places that aren't important.

[discostu]

Well maybe these states should dump the failed concept known as socialized medicine. Blaiming WalMart because bad government programs they have no control over and that shouldn't exist in the first place are suffering cost overruns is stupid. Blame the government that made the bad program, it's their fault the bad idea is failing and sucking money out of the budget.

[sgtbono2002]

Great news. Shove this in your pipe and smoke Mike Miller.

[Ikemeister]

I heard today that Gov. 'fast Eddie' Rendell has a plan to tax small businesses in PA. who don't offer health insurance to their employees. It's called the 'fair share tax'. The socialists never give up.

[weaponeer]

I hope your Walmart prices keep dropping and keep up with the state tax increases that will be coming due to the exploding Medicaid costs that most states are facing. p Walmart didn't invent Medicaid, your legislators did. If now it's broke, complain to them, not Walmart. How about we get rid of Medicaid?

[sgtbono2002]

The Eastern Shore of Md. is sometimes called a part of Delmarva.

If you look at a map there is a peninsula of land made up of Maryland Virginia and Delaware. the three states all have a piece of this Peninsula and sometimes it is called Delmarva.

[EDINVA]

the opinion:
http://pacer.ca4.uscourts.gov/opinion.pdf/061840.P.pdf

[Graybeard58]

I should have figured that out on my own. I was born and raised in SEMO.

(Earthquake country)

[Graybeard58]

I have one monthly prescription and my wife has five. $5/$15 co pay generic/name brand. Was $60 per month, now $38 and change. Saving me money and my insurer money too.

[meyer]

Good news - This was flawed from the start. Singling out WalMart was doomed to failure. It was and is an unfair concept, like all the other socialist BS that the left tries to impose on others.

[meyer]

Did I miss the Consititutional amendment that makes heathcare a right? The solution to high Medicaid costs is quite simple: end state-sponsored heathcare. I'll wager that costs will decline once government gets out of the health insurance business.

Absolutely, and worthy of a bump!

[taxesareforever]

How many ways is there to say Yaaaaaaaaaay!

[Diana in Wisconsin]

Don't know why we didn't do this sooner...but I explained about my husband above, LOL!

[bfree]

Easy one for me, the union scum.

[Abby4116]

Thanks for the ping! Great news!

[bfree]

It sounds like you just don't understand basic economics, you must be a dumbocrap. Target, Kmart, and most retail fall into the same category, along with fast food places in providing basic entry level jobs. None of the above have great insurance plans, so why is it only Walmart you bitter fools gripe about? Maybe if states started eliminated the multiple, overpaid jobs protected by the unions in state government, taxes would go down. Walmart at least provides tax revenues will public employees just leech off taxpayers.

[Red_Devil 232]

The employees of Wal-Mart get a 10% discount on all items. There are a few exclusions to the items that are eligible for the discount, food is one. At Xmas there is a one time purchase discount of 20%, great time to buy a computer or flat screen TV.

[SierraWasp]

I wonder if this will set any kind of usable precedent to derail Arnold's extortive Commonist "plan?"

[Red_Devil 232]

A

Fair Share

is

Half of your hard work!

[SierraWasp]

"called “fair share,”

"calcowgirl..." What was that expression you picked up on in Schwartzenegger's abomination of a plan that needs to be aborted? (it was something like this IIRC)