ERISA law ensures plan members receive a summary description of benefits, have appeal rights, and can file a suit for unpaid claims. This GRIST provides a basic primer on ERISA's preemption of state laws, including various exceptions, exclusions and court rulings.If the plan does not contract with a network of providers, all benefits are out- of-network. When completing the form, the employee must indicate whether he or she has an alternative source of insurance coverage. This issue brief surveys state legislation influencing health care costs over the past three years and assesses the threat that ERISA preemption poses. Small businesses must fill out financial statements about their companies' financial health, Wolters Kluwer's website states. Reimbursement disputes between healthcare providers and payers involving outofnetwork claims have increased sharply in recent years. However, ERISA does not preempt state insurance law. The result is a dual regulatory framework. Inadequate networks can make it more likely that enrollees obtain care from outofnetwork providers, which can be more expensive. State.