Open AccessHealth Plan Liability and ERISA: The Expanding Scope of State Legislation
Author(s) -
Fred J. Hellinger,
Gary J. Young
Publication year - 2005
Publication title -
american journal of public health
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 2.284
H-Index - 264
eISSN - 1541-0048
pISSN - 0090-0036
DOI - 10.2105/ajph.2004.037895
Subject(s) - employee retirement income security act , legislation , supreme court , scope (computer science) , liability , law , state (computer science) , health care , federal law , business , health plan , political science , pension , algorithm , computer science , programming language
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.