Above the Fold |
March 13, 2012 |
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Overheard on BenefitsPro |
States don't want ERISA guidelines. Nobody wants a preemption provision. Erisa and Descreationary Authority (DA) destroy a benefiaries ability to pursue legal actions. DA allows the insurer to deny a claim for any reason with no legal recourse to the claimant. Even the supreme court has made comments about the unfairness of these insurance provisions. Erisa was created to help claimants but the result is that Erisa and DA have gutted the insureds of their legal rights, and if you try to file suit for your legitimate claim, the court will dismiss your case. Erisa preempts all and any state laws now and forever. End of story. I hope State Insurance exchanges fight Erisa and DA.
-- Tpequip , Despite outcry, ERISA needs protection
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