Pat Hughes and Tricia Beckmann Discuss Post-Election State Insurance Regulations With Benefits Pro

In the Benefits Pro article, “Voters Lock State Benefits Regulation Trends In,” insurance partner Patrick Hughes and Faegre Drinker Consulting principal Tricia Beckmann commented on the current state-of-play for insurance and benefit regulators at the state level after the 2024 election. 

The article said that while control of the White House and Senate have changed hands, many state insurance and benefits managers remain the same. Hughes noted that from the perspective of insurance regulation, control remained “stable,” and that “we'll have some new voices, but every incumbent elected insurance commissioner and governor won, and every open seat race saw the incumbent party keep control."

Beckmann said she expects many states to focus on pharmacy benefit manager regulations and improve enforcement of laws that require insurers to cover mental health care the same way they cover other forms of health care. Further, she added states could expand small employers’ access to association health plans (AHP). But expansion of AHP programs, Beckmann said, hinges on how Congress may change provisions in the Employee Retirement Income Security Act (ERISA) that effects those programs. 

"One of the big unknowns that will continue to play out in the courts and with future state laws is the limits of ERISA preemption," Beckmann said.