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Appeals court hears Md. 'fair share' case

RICHMOND, Va., Dec. 1 (UPI) -- Maryland's "fair share" law requiring employers to offer health coverage or pay a fee to Medicaid was argued in federal appeals court this week.

A three-judge panel of the Court of Appeals for the 4th Circuit heard state attorneys' arguments on behalf of the law, which was struck down by a lower court that found it in violation of federal ERISA laws limiting state regulation of employee benefits, the Baltimore Sun reported.

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The bill, which would require companies with more than 10,000 workers to spend the equivalent of at least 8 percent of their payroll for employee healthcare or pay into a state healthcare fund, would affect only retail giant Wal-Mart, because the state's three other large employers already fulfill the criteria.

The state's attorneys argued in their appeal that the law does not mandate benefits because Wal-Mart could fulfill its obligation under the law in a variety of ways including establishing low-cost employee clinics and simply paying into the state healthcare fund.

Appeals courts can take several weeks to issue a decision after hearing oral arguments.

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