ERISA Preemption and Why Self-Funded Plans Skip the ABA Mandate
Section 1144 of Title 29 is the federal rule behind the self-funded exception.
How ERISA and the mandate interact
Preemption
ERISA supersedes state laws that relate to employee benefit plans, with listed exceptions.
Insurance carve-in
State laws regulating insurance generally still reach insured plans, which is why the mandate binds insurers.
Self-funded plans
The state autism program and DIFS both say self-funded ERISA plans are not regulated by the state and need not provide autism coverage.
Choice remains
A self-funded sponsor may cover ABA and sets the terms.
Back to the ABA guide.
ERISA Preemption and Why Self-Funded Plans Skip the ABA Mandate: short answers
Does ERISA bar self-funded plans from covering ABA?
No. It only means the state mandate does not require it.
What federal rules still apply?
Federal parity and, where applicable, essential health benefit and annual limit rules.
Where can I read more?
Our ERISA guide explains how the law shapes employer plans.
ERISA Preemption and Why Self-Funded Plans Skip the ABA Mandate: not legal advice. Send us your renewal.
Where these details come from
The laws and rules named on this page link to the official text. This is general information, not legal advice, and rules change, so check the current text.
29 U.S.C. 1144 (ERISA preemption)
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