The Maryland Chamber of Commerce today challenged the legality of the Fair Share Health Care Act. According to a legal opinion issued by a labor law expert, efforts to enact legislation in Maryland forcing large employers to pay a specified amount of health insurance benefits would likely violate federal law.

“State law cannot overturn federal law,” said Ronald W. Wineholt, the Maryland Chamber’s Vice President for Government Affairs. “In light of this legal opinion, the Maryland Chamber asks that the Maryland General Assembly sustain Governor Ehrlich’s veto. It’s time to address the real problem of the uninsured in Maryland, which results from small employers’ inability to afford the high cost of health insurance.”

Next week the Maryland General Assembly will consider overriding the Governor’s veto of the “Fair Share” health bill. However, the Chamber believes that even if the veto is overridden, the bill would be unlikely to withstand a court challenge.

In a recent letter of advice addressed to the Maryland Chamber of Commerce, attorney Henry A. Smith, III, a partner with Smith & Downey, stated SB 790/HB 1284 is the type of law intended to be preempted by ERISA.

Related Documents:

• Chamber Press Release
• Letter of Advice from Henry Smith
• Henry Smith’s Bio