What if there is a conflict between state law and DOL regulations?

State law (Michigan Insurance Code) also applies to insured ERISA plans unless it prevents the application of the Department of Labor (DOL) regulations, For example, MIC requires Blue Cross Blue Shield to include a managerial level conference in the appeals process (a managerial level conference is the opportunity for the claimant to meet in person or via telephone with BCBSM). Since this rule provides a greater opportunity for the claimant to make his case and does not prevent the submission of written testimony or declarations as described under federal law, members in insured groups will be given the opportunity for a managerial level conference as part of the appeals process.