Under ERISA, employers owe a fiduciary duty to employees and must maintain health insurance plans for their benefit. The insurance company is considered a "plan administrator" when this occurs.The laws and regulations that apply to self-funded health plans is the ERISA law. To schedule a free claim review with a member of our legal team, reach out to our law offices at 866-311-3796 or fill out our online contact form. Medicare law preempted a Pennsylvania law, the Pennsylvania Life and Health Insurance Guaranty Association Act (the Act). Please note that student health forms should not contain any language referencing ERISA, as ERISA is applicable to group coverage. This GRIST provides a basic primer on ERISA's preemption of state laws, including various exceptions, exclusions and court rulings. TITLE 40. INSURANCE. Part. I. Preliminary Provisions. And health insurance coverage or annuities.