Re:Aetna CEO Threatened Obamacare Pullout If Feds Opposed Hu...
by dredmorbius on Wednesday August 17, 2016 @08:46PM
(#12309684)
You've got that almost completely backwards, though few people are aware of this (in the United States).
I'm hazy on the details myself, but briefly:
1. Healthcare insurers are covered under ERISA, the Employee Retirement Income Security Act, of 1974. Among the provisions of that act are limitations on the right to sue, under the theory that a retirement fiduciary is an agent of the employees. It's been a long time since I've looked at this, and I don't recall all the specifics, but yes, there are some limitations on suit for lack of coverage.
2. Lawsuits against the government are possible and happen all the time. I'd have to see what specific limitations apply, if any, to Medicare, Medicaid, Disability, and VA care, but you'll find numerous instances of suits:
I'm hazy on the details myself, but briefly:
1. Healthcare insurers are covered under ERISA, the Employee Retirement Income Security Act, of 1974. Among the provisions of that act are limitations on the right to sue, under the theory that a retirement fiduciary is an agent of the employees. It's been a long time since I've looked at this, and I don't recall all the specifics, but yes, there are some limitations on suit for lack of coverage.
https://en.m.wikipedia.org/wiki/Employee_Retirement_Income_S...
2. Lawsuits against the government are possible and happen all the time. I'd have to see what specific limitations apply, if any, to Medicare, Medicaid, Disability, and VA care, but you'll find numerous instances of suits:
https://duckduckgo.com/?q=lawsuit+medicare+denial+of+(care%7...
Update, additional info on ERISA and its impact on lawsuits: appeals through the insurer must first be exhausted, but statute of limitations applies whilst lawsuits are blocked: https://www.lawyersandsettlements.com/articles/stock_option/...