By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: Understanding ERISA
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Policy & Law > Understanding ERISA
Policy & Law

Understanding ERISA

JohnCGoodman
JohnCGoodman
Share
3 Min Read
SHARE

The Association of American Physicians and Surgeons (AAPS) published an interesting article on Governor Jan Brewer’s (R-AZ) veto of several measures intended to stem ObamaCare in Arizona.

It is a fine article with one exception: It mentions ERISA in passing and repeats a very common misperception. The article says:

The Association of American Physicians and Surgeons (AAPS) published an interesting article on Governor Jan Brewer’s (R-AZ) veto of several measures intended to stem ObamaCare in Arizona.

It is a fine article with one exception: It mentions ERISA in passing and repeats a very common misperception. The article says:

More Read

MedShare – Recycling Medical Supplies for the Good of the World
A Healthcare Data Pro’s Innovation Wish List
How crazy is Ted Cruz’s FDA reform proposal?
Mobile Health Around the Globe: Treating Malnutrition in Zanzibar
NY Democrat Wins on Anti-Paul Ryan Message and Causes GOP Stress

About 60% to 70% of employers have more than 100 employees and thus fall under ERISA. Freed of state mandates, they can buy their insurance in any state that gives the best price and the best packages of benefits. The rest of us–individuals and small businesses—are chained to the insurance companies and mandates in our respective states of residence, and tied to whatever deals that these companies cut with the state government.

I hate to single out AAPS, because this perception is widely held by all kinds of people. But it is wrong.

The fact is that EVERY employer (except government and church plans) falls under ERISA. It has nothing to do with the size of the group. ERISA says that states cannot regulate ANY employer health plan. What states CAN regulate is insurance companies. Some employers self-fund their benefits and others buy their coverage from a regulated insurance company. The ones that buy from insurance companies are indirectly affected by the regulations that apply to those insurance companies. Many large employers still buy fully-insured coverage, so they too are subject to the mandates, and other regulations, that apply to the insurers.

Back in 2000, I wrote a paper for the Cato Institute that explains a lot of this. At the time it was widely believed that ERISA prevented people from suing HMOs for denying legitimate services. That wasn’t true, either, even though the proposed Patients’ Bill of Rights legislation was predicated on it.

Again, I don’t fault AAPS for misunderstanding this. ERISA is probably the least understood and most litigated law even enacted – at least up until now. If it stands, ObamaCare will cause ten times as much confusion and litigation. Indeed, ObamaCare will compound all the problems of ERISA. Employers will still be exempt from any and all state regulation. But now insurance companies will be subject to dual regulation from both the states and the Feds.

I wonder if the Supreme Court will have time for anything else.

   

TAGGED:ERISAhealth care policy
Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5kFollowersLike
4.5kFollowersFollow
2.8kFollowersPin
136kSubscribersSubscribe

Latest News

Breaking the Cycle: How Trauma-Informed Therapy Helps Survivors Rebuild Their Lives
Uncategorized
November 17, 2025
Nurse Education
Why Investing in Nurse Education Pays Dividends for the Entire Health System
Nursing
November 16, 2025
How In-Home Nursing Care Can Support Recovery After Surgery
M&Y Care LLC Explains How In-Home Nursing Care Can Support Recovery After Surgery
Nursing
November 11, 2025
health wellbeing Safe Home Heating for Vulnerable Populations: Children, Seniors, and Patients
Safe Home Heating for Vulnerable Populations: Children, Seniors, and Patients
Health
November 8, 2025

You Might also Like

Stage 2 MU
BusinessFinanceHealth ReformHospital AdministrationPolicy & Law

Need Help Meeting the 5% “Patient Use” Stage 2 MU Requirement?

August 8, 2014

Colbert Talks to a Harvard Doctor – Video

October 5, 2011
healthcare software development
Technology

The Process of Developing Multifunctional Software in Healthcare

October 3, 2023

Is pharma industry too meek on pricing?

April 3, 2016
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?