A coalition of business groups sued New Jersey on Thursday to block enforcement of a new law that imposes fees on employers with at least 50 workers who receive Medicaid health coverage.
The lawsuit was filed in the Trenton, New Jersey, federal court by the National Retail Federation, the American Hotel & Lodging Association, the International Franchise Association and the Restaurant Law Center, which represents the food service industry.
It challenged a law signed in June by Governor Mikie Sherrill, who has said the fees could raise $145 million a year.
Sherrill's office did not immediately respond to a request for comment.
The defendants include Aaron Binder, the state's treasurer, and Kevin Jarvis, the acting commissioner of the state's Department of Labor and Workforce Development. Their offices did not immediately respond to requests for comment.
Sherrill and some lawmakers view the fees as a way to cope with a potential decline in federal health care funding, and help pay for Medicaid for lower-income adults and children.
Opponents have called such fees a tax and say they could discourage hiring. California has considered similar fees.
New Jersey's law imposes annual fees for each employee and employee's dependent of $325 for employers with 50 to 249 Medicaid beneficiaries, $525 for employers with 250 to 499 beneficiaries, and $725 for employers with 500 or more beneficiaries.
According to the complaint, the law conflicts with the federal framework governing employer-sponsored health benefit plans and is preempted by the federal Employee Retirement Income Security Act of 1974, known as ERISA.
The complaint also said New Jersey's law violates constitutional due process by imposing fees without giving employers a fair chance to contest them, and federal privacy laws because employers won't know whether employees and dependents are enrolled in Medicaid without asking.
“This law amounts to a penalty on employers [and] makes New Jersey a more difficult place to do business," said David French, executive vice president of government relations at the National Retail Federation, the largest U.S. retail trade group.






