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

what you need to know about life insurance
Here is What You Need to Know About Life Insurance
“Choosing Wisely” Brings a New Care Conversation to the Table
Social Media in Healthcare—Where is it Leading Us?
Tips for Helping Patients Navigate Chronic Conditions
Obamacare: The Next Wave

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

playing sports help grow brain
Why Play Matters For Healthy Brain Development
Health Infographics
May 25, 2026
operating room build time
Inside The Operating Room Build Timeline
Uncategorized
May 25, 2026
infection prevention
How Environmental Control Supports Infection Prevention In Healthcare
Health Infographics
May 25, 2026
medical emergency
A Clear Guide To Medical Emergency Decision Making
Health Infographics
May 23, 2026

You Might also Like

Policy & LawPublic HealthWellness

Aging Gracefully, Part 3: The Importance of Comprehensive Primary Care

March 23, 2015

Quality and Cost Savings Through Consumer Engagement

February 24, 2011
Why Legal Help Is Crucial for Families Affected by Birth Injuries
Health care

Why Legal Help Is Crucial for Families Affected by Birth Injuries

April 7, 2025

Republicans’ Proposals for Medicare

July 4, 2013
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?