Association mounts aggressive lobby for ERISA reform

Washington鈥擳he Association will pursue “an aggressive lobbying strategy” for ERISA reform and noncovered services legislation, the Council on Government Affairs said in a report on its Jan. 22鈥?3, 2010 meeting in the nation’s capital.

The CGA and the Council on Dental Benefit Programs in 2009 approved ERISA reform draft legislation to include a prohibition on health plans applying fee schedules to noncovered services. The 2009 House of Delegates subsequently directed the Association to “aggressively seek” legislation amending the 1974 Employee Retirement and Income Security Act (ADA News Today 10/26/09).

At least four states have a working draft or pending legislation “aimed at preventing insurers from adopting a cap on fees for noncovered services,” and several other states have expressed intent to file bills to prohibit fee capping of noncovered services, said the CGA meeting summary. (See also ADA News Today 01/27/2010.)

ERISA governs employment-based retirement and health benefits in the private sector. A 2009 ERISA amendment to promote coordination between public and private coverage reauthorized and expanded the state children’s health insurance program. But the ERISA law is commonly seen as a barrier for states in enacting health reform that affects the employer-based system, the Congressional Research Service told Congress.

The Council on Government Affairs also called for:

• repeal of the insurance industry鈥檚 McCarran-Ferguson Act antitrust exemption;
• communications to address “the many barriers to accessing oral health care;”
• continued advocacy in response to state and federal workforce initiatives;
• alleviation of future Drug Enforcement Agency fee increases;
• sound oral health policies in federal nutrition and food assistance programs;
• medical liability reforms to include non-economic damage and attorney fee limits.