A framework for analysis of ERISA preemption in suits against health plans and a call for reform.
نویسنده
چکیده
منابع مشابه
The critical role of ERISA in state health reform.
Despite prominent roles for employers and state regulation in the Clinton administration's Health Security Act, relatively little attention has been accorded to the impact of federal preemption of state legislation through the Employee Retirement Income Security Act (ERISA). As interpreted by the U.S. Supreme Court, ERISA permits state regulation of insured employee health plans but otherwise p...
متن کاملWill the Supreme Court finally eliminate ERISA preemption?
David Trueman's article reviews the history of ERISA preemption by analyzing seminal Supreme Court cases and predicts the future of ERISA preemption in his analysis of recent federal case law. Traditionally, the ability to hold a managed care entity responsible for its actions has been hampered by a strict interpretation of the preemption clauses of ERISA but as the Supreme Court's jurisprudenc...
متن کاملImplications of ERISA for health benefits and the number of self-funded ERISA plans.
This Issue Brief provides an overview of the issues relating to the Employee Retirement Income Security Act of 1974 (ERISA) and health benefit plans, the major case law relating to ERISA and health plans, and the implications of the preemption of state regulations for health plan sponsors and participants. It also presents the latest data on the number of health plan participants in self-funded...
متن کاملHEALTH LAW AND ETHICS ERISA Litigation and Physician Autonomy
THE FEDERAL EMPLOYEE RETIREMENT INCOME SECUrity Act (ERISA) looms like a colossus over the managed care environment. Originally enacted to regulate employer-sponsored pension plans, the statute also covers health care benefits established by self-insured employers (with few exceptions, such as for governmental employees). According to recent Department of Labor estimates, ERISA applies to appro...
متن کاملThe states, Congress, or the courts: who will be first to reform ERISA remedies?
Curtis Rooney's article reviews the ERISA law and it relationship to managed care. The piece continues with a review of the relevant preremption provisions and a extentivsive discussion of related U.S. Supreme Court decisions. The author discusses malpractice and design liabilities. The article concludes with a discussion of reform initiatives directed toward the ERISA preemption and damage pro...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید
ثبت ناماگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید
ورودعنوان ژورنال:
- Journal of law and health
دوره 11 1-2 شماره
صفحات -
تاریخ انتشار 1996