Employee Retirement Income Security Act (ERISA)
ERISA was enacted by Congress in 1974 to assure that employees received appropriate, somewhat uniform benefits across state lines. ERISA governs the administration of employee benefit plans and the rights of the beneficiaries under the plan. Because a patient typically obtains health insurance as an employee benefit, ERISA applies to that health insurance plans. ERISA provides for broad preemption of state law, attempting to make uniform certain benefits for employees.
Facts:
Almost all health benefits plans offered through private employers are governed by ERISA
Health insurance through employment in private sectors = ERISA = 80% of physician's business
ERISA preempts any state laws when it is "related to" an employee benefits dispute
|
