There has been talk recently about ERISA Section 514..
It would make a lot of sense to repeal these ERISA exemptions as they have led to some incredible abuses of justice.
They are special legal exemptions for insurance companies that give them the freedom to deny care for a multitude of reasons without ever being sued for them. The exemptions have made them bold in lowering the standard of care, and the exemption is a major cause for the declining quality of health care in the United States.
These cases are dropped without regard to their merits. People often can't believe just how they get a free pass to dismiss cases and how that makes it impossible for people or their survivors to get justice after patients die or are permanently injured - needlessly.
The states are not allowed to override these exemptions, or "license to kill" as many have called them.
Read on for more.
Many companies don't realize just how the insurance companies, have gotten away with murder due to this legal loophole that has been created for them.
Without pressure from voters, these injustices look like they will be continued unchanged under pending legislation.
Some places to find out more:
HARP's ERISA page
Preemption of state tort claims
(Evasion of) Fiduciary responsibility under ERISA
The Problem is ERISA Blog
ERISA Primer by Russell Petti
What ERISA Means by "Equitable": The Supreme Court's Trail of Error by John H. Langbein