In fact, my approach does provide new consumer protections. Let me expand on that because I must not have been clear in explaining it earlier. Under current law, there are federally regulated insurance plans and there are State-regulated insurance plans. The Federal plans, under ERISA, are beyond the reach of Federal regulators. So all those laws we have talked about, those 1,100 or more State laws and regulations, do not apply to consumers who are enrolled and covered by ERISA plans, the federally regulated plans, because State governments are prohibited from applying regulations to ERISA plans. They are preempted in that way. All of these great consumer protections that the States have enacted over the last decade do not apply to patients who are covered by ERISA plans. This legislation--and it is one of the reasons I strongly support patient protection legislation at the Federal level--would close that gap. It would ensure that consumers who are part of ERISA plans receive the kinds of consumer protections that are available to patients whose health care coverage is provided by plans that are regulated by State governments.
On the recordJune 27, 2001
Source
govinfo.govEditor's note · Context
Addressing consumer protections in health care related to ERISA plans during a discussion on patient protection legislation.
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