Work

Health Plan Liability and ERISA: The Expanding Scope of State Legislation

Year: 2005

Type: article

Abstract: The federal Employee Retirement Income Security Act of 1974 (ERISA) supersedes state laws as they relate to employer-based health care plans. Thus, cases brought under ERISA are heard in federal courts. We examined the intent, scope, and impact of recent laws passed in 10 states attempting to expand the legal rights of health plan enrollees to sue their plans. In June 2004, the US Supreme Court ruled that state-law causes of action brought under the Texas Health Care Liability Act involving coverage decisions by Aetna Health Inc and CIGNA Health Care of Texas were preempted by ERISA. The full implications of this decision are not evident at present.

Source: American Journal of Public Health

DOI: 10.2105/ajph.2004.037895

Authors: Fred J. Hellinger, Gary J. Young

Institutions: Boston University, United States Department of Veterans Affairs, Agency for Healthcare Research and Quality

Language: English

Topic: Healthcare Policy and Management

Subfield: Economics and Econometrics

Field: Economics, Econometrics and Finance

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Good health and well-being

Open Access status: green

OpenAlex ID: W2142554515

FWCI:

Cites: 21

Cited by: 13

Related to: 10