Thursday, October 12, 2017

Senator Rand Paul is playing games with American's health care.

ERISA is one of the reasons the ACA was adopted. It is horrible insurance. It might get you in the ER, but, not much further and even then won't pay a dime for the ER visit.

That is another thing. US Republican Senators always complain subscribers may not be able to keep their doctors, but, in the same breath they will say Americans can go to the ER and recieve care if they don't have any insurance. Amazing. I don't know of an ER with the same doctor on 24-7. Perhaps Senator Paul does.

This law provides standards that are litigable. Many employers exceeded the minimal standards of ERISA before the Affordable Care Act, but, still did not provide excellent care. There were still companies denying claims and killing Americans.

President Obama stated, "If you want to keep your doctor, you can." These are the plans the right wing was using to accuse President Obama of lying. These are the worst health care plans on the market when THEY MEET MINIMUM STANDARDS.

Reaching back to the past is easy for Republicans. US Senator Rand Paul has done no research, he simply looked at old legislation and decided it was good enough. He hasnt bothered to realize what kind of care Americans receive under these plans, he simply wanted to have an answer. This basement law requirement has been around for decades. It is what allows people to go bankrupt with health care costs. This is not good health care, it is minimal health care with unreasonable deductibles.

One of the statements by Rand Paul was that members experience no increase in cost and that has been true since the law began. 

No kidding. 

Senator Rand Paul needs to put an example on his website of a long lived ERISA minimalist plan that has not changed costs all these decades. Then with a straight face, tell Americans they need nothing except the plans that collect monthly subscription fees without coverage. Go ahead. Tell Americans they can expect nothing more from the Trump administration and Congress than a nightmare in health care.

ERISA health plans: Key structural variations and their effect on liability (click here)

To the left is content from Appendix 1

President Trump cannot write an order to end legislation passed by Congress. 


The Employee Retirement Income Security Act of 1974 (ERISA) (click here) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans.

ERISA requires plans to provide participants with plan information including important information about plan features and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty.

There have been a number of amendments to ERISA, expanding the protections available to health benefit plan participants and beneficiaries. One important amendment, the Consolidated Omnibus Budget Reconciliation Act (COBRA), provides some workers and their families with the right to continue their health coverage for a limited time after certain events, such as the loss of a job. Another amendment to ERISA is the Health Insurance Portability and Accountability Act (HIPAA) which provides important new protections for working Americans and their families who have preexisting medical conditions or might otherwise suffer discrimination in health coverage based on factors that relate to an individual's health. Other important amendments include the Newborns' and Mothers' Health Protection Act, the Mental Health Parity Act, and the Women's Health and Cancer Rights Act.

In general, ERISA does not cover group health plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment, or disability laws. ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.