On September 5, 2025, the NAM filed an amicus brief in the 6th Circuit urging the court to affirm ERISA’s exclusive regulation of employee benefit plans. Here, the Tennessee law at issue interferes with employers’ ability to design and administer prescription-drug benefit plans tailored to their employees. Specifically, it requires employers to admit “any willing pharmacy” into their pharmacy networks, regardless of the associated costs or the quality of care offered. The district court correctly held that ERISA preempts this state law, insofar as the law applies to self-funded ERISA plans.
Our brief argues that the district court’s ruling should be upheld under the doctrines of express and implied preemption. As we explain, there is clear U.S. Supreme Court precedent establishing ERISA’s express preemption over state laws that relate to employee benefit plans. The Tennessee law also frustrates a primary ERISA objective—to create nationally uniform standards for plan administration, eliminating the burden for multistate employers of creating state-specific plan rules. The ease of this preemption regime plays a crucial role in encouraging employers to offer appropriate benefit plans to their employees.