ERISA provides for federal preemption of any state law that relates to an employee benefit plan, with the exception of insurance laws. Beginning in 2017, however, states are permitted to seek "state innovation waivers" under Section 1332 of the Affordable Care Act (ACA), under which federal regulators may waive certain aspects of the health care law. The Council has called for limiting the applicability and scope of these waivers.
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