Title 29 — LaborRelease 119-73not60
§1150 Applicability of State Law to Combat Fraud and Abuse
Title 29 › Chapter 18— EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM › Subchapter I— PROTECTION OF EMPLOYEE BENEFIT RIGHTS › Subtitle Subtitle B— Regulatory Provisions › Part 5— administration and enforcement › § 1150
Summary
The Secretary can make rules or orders to fight fraud that require businesses selling insurance through a multiple employer welfare arrangement (MEWA) to follow the insurance laws of the states where they operate. This applies even if other federal laws would normally block those state rules, and it only covers plans that meet the federal MEWA definition.
Full Legal Text
Title 29, §1150
Labor — Source: USLM XML via OLRC
The Secretary may, for the purpose of identifying, preventing, or prosecuting fraud and abuse, adopt regulatory standards establishing, or issue an order relating to a specific person establishing, that a person engaged in the business of providing insurance through a multiple employer welfare arrangement described in section 1002(40) of this title is subject to the laws of the States in which such person operates which regulate insurance in such State, notwithstanding section 1144(b)(6) of this title or the Liability Risk Retention Act of 1986 [15 U.S.C. 3901 et seq.], and regardless of whether the law of the State is otherwise preempted under any of such provisions. This section shall not apply to any plan or arrangement that does not fall within the meaning of the term “multiple employer welfare arrangement” under section 1002(40)(A) of this title.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Liability Risk Retention Act of 1986, referred to in text, is Pub. L. 97–45, Sept. 25, 1981, 95 Stat. 949, which is classified generally to chapter 65 (§ 3901 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see
Short Title
note set out under section 3901 of Title 15 and Tables.
Reference
Citations & Metadata
Citation
29 U.S.C. § 1150
Title 29 — Labor
Last Updated
Apr 5, 2026
Release point: 119-73not60