The more explicit internal and external review provisions under this new legislation do not and are not intended to expand or contract existing ERISA law. Therefore, these new procedures do not and are not intended to affect whether or the extent to which ERISA does or does not preempt any particular State statute. These new procedures do not indicate congressional intent either way about whether Texas law is preempted by ERISA.
Discussing the implications of new legislation on ERISA law and state statutes.
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