Skip to main content

View Diary: Urgency of public option: BC/BS sued for engaging in "life threatening business practices" (271 comments)

Comment Preferences

  •  yeah - catch this logic - your head will explode (7+ / 0-)

     The Employee Retirement and Income Security Act ("ERISA")  contains provisions that deal with health care plans provided as compensation in what are known as ERISA plans:  employer provided benefit plans.   Some language in ERISA supposedly "preempts" all other state and federal causes of action for any plan that might be brought within the parameters of these employee health plans - so that the field is "completely preempted".

     The upshot is that if some of the patients for whom benefits are being denied access their plan through an ERISA benefit plan (which is most employer plans - their lawyers set it up that way - the plans can promise the moon and then preemption takes it all away) then the court may find preemption and pooooof goes the lawsuit (all in some quiet unremarked hearing.)

     This is what is happening every day in courts throughout our land - do not ask for whom the bell tolls.....

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site