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Because most people get their insurance through their employer they are usually self funded plans covered by ERISA. Your only recourse is that provided under ER
by erentz 7y ago
Because most people get their insurance through their employer they are usually self funded plans covered by ERISA. Your only recourse is that provided under ERISA which limits damages to the cost you paid for a treatment that wasn’t covered but should’ve been.
It’s abhorrent. Congress in making this law 50ish years ago essentially took away people’s right to sue and get justice in this instance. It was a huge gift to insurance companies and it needs to be fixed but people only learn about it when they are exposed to it. I wish there were politicians willing to step up and change this particular law.
When people talk about tort reform I think they’re really misunderstanding who such reforms benefit, as in this case it only serves the large companies and allows them to act in bad faith without proper repercussions.