ABSTRACT

On Labor Day 1974, President Gerald Ford signed the Employee Retirement Income Security Act (ERISA) into law (29 U.S.C. §§ 1001-1046). This law played a significant role in the restructuring of healthcare, and made healthcare reform more difficult. The purpose of this chapter is to provide: (i) a brief background of the events that led to enactment of the law; (ii) an overview of the relationship of ERISA to healthcare plans; and (iii) a review of some attempts to have the courts remedy impediments to healthcare that managed care companies constructed by using ERISA as a shield.