Health Plan Liability and Erisa

The Expanding Scope of State Legislation

Bibliographic Data

ID11038741
AuthorsFred J Hellinger (0000-0002-4042-5455, Fred J. Hellinger is with the Center for Delivery, Organization, and Markets, Agency for Healthcare Research and Quality, Rockville, Md. Gary J. Young is with the Center for Organization, Leadership, and Management Research, Department of Veterans Affairs, and the Program on Health Policy and Management, Boston University School of Public Health, Boston, Mass.), Gary J Young (0000-0002-4223-9971, Fred J. Hellinger is with the Center for Delivery, Organization, and Markets, Agency for Healthcare Research and Quality, Rockville, Md. Gary J. Young is with the Center for Organization, Leadership, and Management Research, Department of Veterans Affairs, and the Program on Health Policy and Management, Boston University School of Public Health, Boston, Mass.)
Year2005
Volume95
Issue2
Pages217-223
Publication date2005-02-01
Open AccessNo
TypeARTICLE
VenueAmerican Journal of Public Health (JOURNAL)
Journal identifiersISSN: 0090-0036 • E-ISSN: 1541-0048
PublisherAmerican Public Health Association (PUBLISHER • US)
DOI10.2105/ajph.2004.037895
PMID15671453
PMCIDPMC1449155
OpenAlexW2142554515
LanguageEN
Citations received1
References cited15

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

Business · Employee Retirement Income Security Act · Federal law · Health care · Health plan · Legislation · Liability · Pension · Political science · Scope (computer science) · State (computer science) · Supreme court · Healthcare cost, quality, practices · Healthcare Policy and Management · Law · Medical Malpractice and Liability Issues

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