This article provides a framework for an analysis of ERISA preemption of suits against health plans. The types of decisions made by health plans will be categorized and ERISA preemption concepts applied to this categorization to determine the points in inequity between ERISA regulated health plans and non-ERISA regulated health plans. This article will then review the problems inherent in relying upon the malpractice area as the primary remedy for beneficiaries seeking care under ERISA regulated and non-ERISA regulated plans and identify a number of key points for reform.
Susan O. Scheutzow, A Framework for Analysis of ERISA Preemption in Suits against Health Plans and a Call for Reform, 11 J.L. & Health 195 (1996-1997)