Should uninsured employee welfare plans be regulated under state insurance laws? The problem is not yet settled by the courts or by the state agencies responsible for administration of insurance laws. Professor Goetz, in this article, offers some guidelines. He begins with the question whether uninsured plans come within present state statutory definitions of insurance, considers the possibility of bringing such plans within various exemption provisions, and reviews in detail various rulings of several state attorneys general that their insurance laws do not apply to such plans. The complex issue of federal preemption is also discussed. After appraising the need for state regulation, Professor Goetz concludes that proposals for new state statutory regulation would impose undesirable burdens on such plans and suggests that limited federal regulation is more appropriate
