|
|
|
03/23/2010
Breaking News
President Obama Signed Into the Law the Healthcare
Legislation to Revamp Healthcare Reimbursement Laws for All Group Health Plans
and Health Care Providers
The Final Health Reform Bill Has Been Signed
By President Obama Into The Law Of The Land For More Than 95% Americans, As
The Most Significant Changes Since Medicare Was Created 45 Years Ago. What
Does Obama Healthcare Law Mean To Healthcare Providers And Health Plans? The
New Federal Reimbursement Laws Protect Health Care Providers with ERISA
Internal And External Appeals, Extended Disclosure And Appeal Rights, New
Federal UCR Fee Centers And New Federal Simplified, Uniform Standards For
Claim Processing And Appeals. The New Federal Reimbursement Laws Will Eventually
Eliminate Most Managed care Abuses
|
New Federal Health Claims & Appeals Laws
&
Regulations
for 193 Million Americans
Effective 09-23-2010
©2010, Jin
Zhou, ERISAclaim.com |
|
 |
 |
|
President
Obama Signing Health Bill on
03/23/2010
|
President
Gerald R. Ford Signing ERISA on 09/02/1974 |
|
New Webinars,
Seminars & Certification Classes Announced for New Federal Health
Claim Appeals Regulations on July 22, 2010 from HHS, DOL & IRS,
Effective On Sept. 23, 2010 for 193 Million Americans |
|
 |
 |
UNITED STATES
DEPARTMENT OF LABOR
(Links to DOL)
©2010, Jin Zhou, ERISAclaim.com |
|
Statutory Laws [PDF]
[PDF]
|
|
Employee Retirement Income Security Act — ERISA |
|
|
|
Webinars,
Seminars & Certification Classes for New Federal Health Claim Appeals
Regulations
ERISAclaim.com
- Free Webinars - New Federal Claims & Appeals Regulations, Effective
Sept. 23, 2010, for 193 Million Americans
ERISAclaim.com: Seminars - 2011 Two-day
Basic ERISA Appeal Seminars - Denials and Overpayment Appeals
ERISAclaim.com - 2011 PPACA & ERISA Claim
Specialist Certification Programs in Chicago, Illinois
ERISAclaim.com: Create An Appeal
Department for Your Hospital or Practice
(In-house, onsite ERISA Claim Specialist Certification Programs)
|
Welcome
ERISAclaim.com with its
principal and founder, Dr. Jin Zhou, is committed to providing
unique and practical solutions to our nation's
health care crisis, in case the
Congress and the President of the United
States
fail to stop our
health-care
crisis,
probable health care crash and
future federal budget deficits of $44.2 trilion;
We will provide
educational and consulting
solutions to
healthcare providers, clinics
and hospitals for maximum reimbursement or crisis
turnaround only through
compliance of ERISA;
We will provide educational and consulting solutions to
employers/plan sponsors,
insurers and TPA's with
compliance assistance
to minimize administrative costs and risks
through compliance of ERISA;
We will
provide
educational and consulting solutions to the nation to
establish or restore the hope,
faith and
the Law
&
Order for
our health-care system through
education and
compliance of ERISA, the federal law designed to regulate about 80% of the health-care claims and 60% of the U.S.
health-care expenditure,
ERISA is the only "nuclear power" capable of
stopping our escalating health-care costs. Compliance is the
only common
ground for everyone, and it is the only way
that we can bail out of
our worst health-care crisis since World War II.
Our strategy is to solve US
health-care crisis through:
-
Scientific identification of the
most accurate causation for
skyrocketing medical inflation and fundamental failure of US health care
delivery system - ERISA Failure;
-
Identification of
common ground for everyone involved,
governing federal law for employer-sponsored
health-care system that has been already on the book
for the past 30 years - ERISA; and
-
Providing
a solution to
ü Establish Prudent
"Personal Responsibility" without Eliminating Employer-Sponsored
Health-Care System and without "Skipping Necessary Health Care" and
"Personal Bankruptcy";
ü
Keep Employer-Sponsored
Health-Care System with Quality Health Care but without Skyrocketing
Medical Cost Disaster.
Our mission is to prevent another
"Failure of Imagination" in
US healthcare crisis triggered economic
recession or even disaster, and
"John Q. ERISA
Enforcement"!
New Webinars,
Seminars & Certification Classes Announced for New Federal Health
Claim Appeals Regulations on July 22, 2010 from HHS, DOL & Treasury
08/05/2010, Hanover Park, IL
New Webinars, Seminars & Certification
Classes Were Announced by ERISAclaim.com for New Federal Appeals
Regulations Issued on July 22, 2010 by HHS, DOL & Treasury for 193
million Americans. Effective 09/23/2010, New Federal Reimbursement
Laws Mandate ERISA Internal Appeals and NAIC External Appeals For All
Group and Individual plans With Six New & Most Powerful Consumer
Protections
|
Unanimous US Supreme Court Ruling
In US Health Care Crisis
by Jin Zhou,
02/11/2005
© 2005,
Jin Zhou,
ERISAclaim.com
Managed-Care Nightmares?
Health-Care Crisis without True Solutions?
What Does
an Unanimous US
Supreme Court Say?
On June 21, 2004,
an unanimous US Supreme Court ruled that claim processing and denials of
benefits under the employer-sponsored health plans,
ERISA-regulated benefit
plans, for
both self-insured and
fully-insured (through purchase of insurance) health plans, are completely governed by federal law ERISA, that
supersedes and invalidates state laws.
How
Can Anyone in USA, from Congress to General Motor to the White House,
from Industry Experts to Patient Advocates, Solve US Health Care Crisis
without Even Thinking of ERISA?
"Failure of Imagination" As a
Nation Is the Real Tragedy
ERISAclaim.com - Supreme Court
Managed Care ERISA Watch
Unanimous US Supreme Court Ruling In US Health Care Crisis
Aetna Health Inc. v. Davila
06/21/04
Opinion of the
Court
"Held:
Respondents’ state causes of action fall
within ERISA§502(a)(1)(B), and are therefore completely
pre-empted by ERISA §502 and removable to federal court.
Pp. 4–20."
"We hold that
respondents’ causes of action, brought to
remedy only the denial of benefits under
ERISA-regulated benefit
plans, fall within the scope of, and are completely pre-empted
by, ERISA §502(a)(1)(B), and thus removable to federal
district court. The judgment of the Court of Appeals is
reversed, and the cases are remanded for further proceedings
consistent with this opinion.7
It is so ordered."
|
Title 29 U.S.C. § 1141 states:
"It shall be unlawful for any
person through the use of fraud, force, violence, or threat of
the use of force or violence, to restrain, coerce, intimidate,
or attempt to restrain, coerce, or intimidate any participant or
beneficiary for the purpose of interfering with or preventing
the exercise of any right to which he is or may become entitled
under the plan, this title, section 3001, or the Welfare and
Pension Plans Disclosure Act. Any person who willfully violates
this section shall be fined $10,000 or imprisoned for not more
than one year, or both. The amount of fine is governed by 18
U.S.C. § 3571. The U.S. Sentencing Guidelines address 29 U.S.C.
§ 1141 under the guidelines for "Fraud and Deceit" (U.S.S.G. §
2F1.1) or for "Extortion by Force or Threat of Injury or Serious
Damage (U.S.S.G. § 2B3.2)......"
"For example, Section 1141
would reach the use of deception directed
at misleading a welfare plan beneficiary as to the amount of
health benefits owed to the beneficiary under the terms of the
plan or at misleading a pension plan participant as to
the amount of retirement benefits to which he would become
entitled under the plan upon his retirement."
ERISA in the United States Code
|
|
|
|
Happy or Sad 30th Birthday To ERISA?
(Copyright
© 2004
by
Jin Zhou, ERISAclaim.com)
Sept. 2, 2004
On Sept. 2, 1974, exactly 30
years ago today, ERISA, The Employee Retirement Income Security Act,
was signed into law by President Gerald R. Ford. The congressional intent in enacting ERISA was to protect employees in pension and
welfare plans, to provide uniform federal protections in response to
the failure of the Studebaker Co. in December 1963, with thousands
of long-service employees cheated out off their promised pensions,
and to preempt any state laws when the employees pension and welfare
benefits were threatened. 30 years later, ERISA Failure in its
compliance and enforcement left thousands of retirees without
medical benefits, and resulted in a skyrocketing national healthcare expenditure explosion with 45 million uninsured and a possible national pension bailout.
ERISA Failure Syndrome
U.S. Healthcare Crisis
Trilogy
Jin Zhou Identifies "ERISA Failure" That Killed
U.S. Healthcare
"Failure of Imagination"
Again?
|
|
ERISA Celebrates 30th Anniversary As Trouble Brews For the Pension
Insurance Program (Spencer Benefits Reports)
Excerpt: "The seed for ERISA
was planted with the failure of the Studebaker Company in December
1963, leaving thousands of long-service employees without their
promised pensions."
|
|
|
|
|
|
|
Codified in Title 29 of the
Code of Federal Regulations:
Regulations
Selected links:
2520.102-3 Contents of summary plan description.
2560.503-1 Claims procedure. |
|
|
 |
|
ERISA &
Claim
|
|
|
 |
|
ERISA Laws/Rules
|
|
|
 |
|
ERISA in US CODE
|
|
|
 |
|
|
|
|
 |
|
|
|
Opinion: The Coming Crash in Health Care (Fortune.com)
"Thus it may come as a surprise to
learn that the managed-care industry is dying. Oops, did we spill the
beans so soon? Well, so be it. Managed care is on the way out."
|
 |
|
HIPPA Final
|
|
|
 |
|
|