U.S. Labor Department Argues Against S.F. Health Care Program
The U.S. Department of Labor has filed written arguments opposing a provision of San Francisco's universal health care access program that requires employers to spend a minimum amount on health care, either in coverage for their workers or in payments to the city, the San Francisco Chronicle reports.
The city law is intended to ensure that all San Francisco residents have access to medical services in the city.
The Golden Gate Restaurant Association is challenging the employer funding provision, arguing that it violates the Employee Retirement Income Security Act, a 1974 federal law that governs state and local regulation of employee benefit plans.
The Labor Department cites the same law in its arguments, maintaining that businesses would face "a potentially bewildering and conflicting array of mandates" if state or local governments were permitted to establish their own requirements for health care or other benefits for employees.
Labor department attorneys also maintain that the Healthy San Francisco program itself should be considered an employee benefit plan, stating that cities do not have the authority to create such a plan.
Arguments in the case begin today before a three-judge appeals court panel in San Francisco (Egelko, San Francisco Chronicle, 4/17).