Should ERISA be amended?

Article Abstract:

The Employee Retirement Income Security Act of 1974 (ERISA) may require amending to provide beneficiaries more rights and better redress when medical care is denied by insurers. ERISA is a federal law designed to protect employee benefits from pension fraud, mismanagement, and other actions by employers. Under ERISA, patients may be unable to bring suit for violations of state laws, and remedies under the law are limited. Two bills in Congress would amend ERISA by permitting injury and wrongful death claims, and other federal remedies for patients improperly denied care.

Evaluation, Laws, regulations and rules, Medical care, Medical care utilization, Patients

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Supreme Court rules in ERISA pre-emption case

Article Abstract:

The Supreme Court ruled, in UNUM Life Insurance of America vs. Ward, that the Employee Retirement Security Act of 1974 (ERISA) does not pre-empt California state laws in a case of employee disability benefits. In limiting the scope of ERISA, the Court held that employers may be considered agents of the insurance companies for plans they administer. The Court remanded the case to a lower court to establish the degree to which employers have such an agency relationship.

United States, Disability insurance, Exclusive and concurrent legislative powers, Preemption (Legislative power)

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Courts conflict over ERISA pre-emptions

Article Abstract:

Several courts have ruled that the Employee Retirement Income Security Act (ERISA) will not necessarily pre-empt claims filed against health plans or insurers under state law. At least six rulings on this issue have occurred in 2000.

Managed care plans (Medical care)

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