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Photo of President Gerald R. Ford signing Employee Retirement Income Security Act of 1974

President Obama Signing Health Bill

on 03/23/2010

President Gerald R. Ford Signing ERISA on 09/02/1974

President Obama Signed Healthcare Reform Legislation Into the Law

to Revamp Healthcare Reimbursement Laws for

All Group Health Plans and Health Care Providers

ERISA Appeals Regulations Are Mandatory for

All Group Health Plans & Healthcare Providers

 

 

ERISAclaim.com Press Release

 

FOR IMMEDIATE RELEASE:

 

The New 2010 Obama Healthcare Reimbursement Law Webinars Announced As ERISA Appeals Procedures Now Mandatory for All Group Health Plans and Healthcare Providers  01-04-2010, Hanover Park, IL

The Final Health Bill Passed In Senate On Christmas Eve Is Completely Consistent With House Health Bill By Incorporating ERISA Claim Regulation In Its Entirety For All Group Health Plans Into Obama Health Reform, For 200 Million Americans Under New Obama Universal Healthcare Laws. ERISA Appeal Process Is Now Mandatory For All Group Health Plans And Healthcare Providers As Well As Consumers. First Free Monthly ERISA Webinar starts on 01/18/2010, and First Advanced ERISA Claim Specialist Certification Program Starts in Feb. 2010.
 

Hanover Park, IL (PRWEB) Jan. 04, 2010 – The New 2010 Obama Healthcare Reimbursement Law monthly Webinars and ERISA Claim Specialist Certification Programs were announced by ERISAclaim.com because ERISA appeals procedures are now mandatory for all group health plans and healthcare providers under new Obama Healthcare Reform Laws.

 

The New Healthcare Reform Is Final on Provider Reimbursement Laws - ERISA Appeals Procedures Mandatory for All Group Health Plans and Healthcare Providers

 

HR3962: Affordable Health Care for America Act

HR3590: Patient Protection and Affordable Care Act
 


Register for a Free 30-minute Webinar now by clicking a date below:
 

Mon, Jan 18, 2010 1:00 PM - 1:30 PM CST

 

Mon, Feb 15, 2010 1:00 PM - 1:30 PM CST

 

Mon, Mar 15, 2010 1:00 PM - 1:30 PM CDT

30 Minutes - Covered Topics:

 

  1. ERISA Claim Regulation is now mandatory in 2010 for all group health plans and healthcare providers;

  2. What laws go into effect immediately for expanded coverage and reimbursement?

  3. entrepreneurs from health plans and healthcare providers must now comply with and master ERISA claim regulations in order to benefit under the new healthcare legal and market environment, to either get paid or contain the costs legitimately

 

The final Managers' Amendment of Senate Health Bill, HR3590, Patient Protection and Affordable Care Act added a special section, Sec. 2719, (a)(2)(A), to incorporate ERISA claim regulation, 29 CFR §2560.503.1 in its entirety for all group health plans and all health insurance Companies offering group health coverage. The final Senate Bill is completely consistent with House Bill, HR3962, Affordable Health Care for America Act, which has the exact same ERISA provision in the Sec. 232, Requiring Fair Grievance And Appeals Mechanisms. Therefore, the new health care reimbursement laws from Obama Healthcare Reform are completely a done deal from legislation in the making as a matter of “what”, for all payers and providers. ERISA will be the only governing federal law for claims denials and appeals procedures for group health plans after January of 2010 for an additional 30 million Americans who are otherwise uninsured today. ERISA has been the only governing federal law for claims denials and appeals procedures for about 170 million Americans covered under employment-based health plans for the past 35 years. The new ERISA appeal provision will be effective immediately upon the enactment of the Health Bill, and all group health plans will have 6 months after the enactment of the Act to come into complete compliance with appeals provisions of the new Obama federal healthcare laws.

 

The final Senate Health Bill, HR3590, Patient Protection and Affordable Care Act added a special section, Sec. 2719, (a)(2)(A), which provides the following:

 

‘‘(2) ESTABLISHED PROCESSES.—To comply with paragraph (1)—

 

(A) a group health plan and a health insurance issuer offering group health coverage shall provide an internal claims and appeals process that initially incorporates the claims and appeals procedures (including urgent claims) set forth at section 2560.503-1 of title 29, Code of Federal Regulations, as published on November 21, 2000 (65 Fed. Reg. 70256), and shall update such process in accordance with any standards established by the Secretary of Labor for such plans and issuers; and”

 

<http://democrats.senate.gov/reform/managers-amendment.pdf>

 

The Sec. 232 (b) of House Bill, HR3962, Affordable Health Care for America Act, provides the following:

 

“Section 232, Requiring Fair Grievance And Appeals Mechanisms.

 

(b) Internal Claims and Appeals Process- Under a qualified health benefits plan the QHBP offering entity shall provide an internal claims and appeals process that initially incorporates the claims and appeals procedures (including urgent claims) set forth at section 2560.503-1 of title 29, Code of Federal Regulations, as published on November 21, 2000 (65 Fed. Reg. 70246) and shall update such process in accordance with any standards that the Commissioner may establish.”

 

< http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3962.pcs:>

 

ERISA Claim Regulation, the section 2560.503-1 of title 29, Code of Federal Regulations, as published on November 21, 2000, can be found on the Website of Department of Labor, DOL:

 

< http://www.dol.gov/ebsa/regs/fedreg/final/2000029766.htm>

 

As stated by Robert Gibbs at his White House Press Briefing on December 22, 2009, “health care reform is not a matter of if; health care reform now is a matter of when”. It is widely reported that President Obama is expected to sign the merged Senate and House final bill into the law before he delivers the State of the Union address in mid-January 2010.

 

After the New Year, as soon as Congress begins the task of merging the Senate Bill with the House Bill for Obama’s signature, the Congress and the main stream media will be busy in explaining to the American people how the new Obama Health Reform would affect people who already have health coverage through employment-based plans and also people who are not otherwise insured today, and who will really be responsible for paying for the universal coverage.

 

“But, no one is talking about the real important enforcement issues, as the new solution in Obama Health Reform, for ERISA claims and appeals process as the final step of health care delivery, for about 200 million Americans”, said Dr. Jin Zhou, the president of ERISAclaim.com, the nation’s leading expert in ERISA claims appeals.

 

“We must realize that whether the entire U. S. healthcare delivery system under Obama Health Reform will succeed or fail finally depending upon whether the new universal care can or will be paid for, properly to the healthcare providers by the health plans and insurance companies, or the claims disputes can be resolved effectively under the new Obama Health Reform with ERISA appeals procedures”, as explained by Dr. Jin Zhou of ERISAclaim.com.

 

ERISA appeals procedures were claimed as one of the health insurance reform solutions by the White House Office of Health Reform, as posted in The White House Blog, Where the Road to Health Reform Began, on December 29, 2009 at 11:05 AM EST:

 

“Health Insurance Reform Solution: Reform will end insurer abuses, lower premiums, and hold insurance companies accountable…….And consumer rights will be enhanced by requiring all insurers to provide effective appeals procedures including outside, independent review of appeals.”

 

"Entrepreneurs will benefit. Patients and survivors of diseases will benefit. Americans of different backgrounds and ethnicities will benefit," as Senate Majority Leader Harry Reid of Nevada said last month.

 

Dr. Zhou further stated that “entrepreneurs from health plans and healthcare providers must now comply with and master ERISA claim regulations in order to benefit under the new healthcare legal and market environment, to either get paid or contain the costs legitimately.”   

 

In the past 10 years in USA, ERISAclaim.com has been the only ERISA Specialized Company offering the most  practical and comprehensive ERISA education, consulting and publishing services for healthcare providers in administrative ERISA appeals for real problem oriented denials under the most mysterious 35-year-old federal law, ERISA.

 

For more information or to arrange an interview, please visit http://www.erisaclaim.com/certification.htm, or contact Dr. Jin Zhou, president of ERISAclaim.com, at 630-808-7237.

 

###

 Contract:

Jin Zhou, President

ERISAclaim.com

Tel: 630-808-7237 (Mobile)

Tel: 630-736-2974 (Office)

Fax: 630-736-1439

E-mail: ERISAclaim@aol.com

website: http://www.ERISAclaim.com

 

Related Press Release links:

 

ERISAclaim.com Announced The Nation's First Embezzlement Recovery Services for Large ERISA Health Plans from the $6 Trillion Healthcare Denial Management Market 10-23-2009, Hanover Park, IL

 

ERISAclaim.com Announced Free ERISA Webinar for Healthcare Overpayment Dispute and Claim Denials in Response to Increasing High Demand from the $6 Trillion Healthcare Denial Management Market  10-19-2009, Hanover Park, IL

 

ERISAclaim.com Announced the Expansion of Its ERISA Litigation Support For the Healthcare Claims In Response to Increasing High Demand from the $6 Trillion Healthcare Denial Management Market. 10-19-2009, Hanover Park, IL

 

ERISAclaim.com Announced 2010 ERISA Seminars for Healthcare Overpayment and Claim Denial Appeals for the $6 Trillion Healthcare Denial Management Market. 10-14-2009, Hanover Park, IL

 

ERISAclaim.com Announced the Nation's First Certification Program for the ERISA Claim Appeal Specialist for Healthcare Providers and Managed-Care Payers, 10-13-2009, Hanover Park, IL

 

 

 

 

Interactive Side-By-Side Health Reform Comparison Tool of Major Proposals (Kaiser Family Foundation)

Excerpt: "The Foundation has updated its health reform resources to reflect provisions of the Affordable Health Care for America Act (HR 3962) as passed on Saturday by the U.S. House of Representatives."

Information updated 03/26/2010

bullet

Summary of Final Health Care Reform Law (.pdf)

Download a printable comparison of the new health reform law (the Patient Protection and Affordable Care Act), the House-passed Health Care and Education Reconciliation Act of 2010, and last year's House-passed bill (.pdf)
Download a printable version of the three Congressional authorizing committee proposals (.pdf)
Download a printable side-by-side comparison of all proposals and topics (.pdf)

 
 

 

ERISA & Claim Denials

Aetna Video Shows ERISA Patients Mistreated

 

"According to the video, when faced with claims for identical medical problems, Aetna separates the claims where no damages are available - those subject to the federal Employee Retirement Income Security Act, or ERISA - from non-ERISA claims, where consumers can sue.1 2"

 

ERISA & Health Claim
What Is ERISA and How Does It Affect Patient Rights?

 

"ERISA was enacted in 1974 to protect the pension and welfare benefits that employers provide their workers. It currently covers about 2.5 million health plans and 125 million workers, retirees, and dependents."

 

Department of Labor

 
"A group health plan is an employee welfare benefit plan established or maintained by an employer or by an employee organization (such as a union), or both, that provides medical care for participants or their dependents directly or through insurance, reimbursement, or otherwise.

Most private sector health plans are covered by the

 Employee Retirement Income Security Act (ERISA). Among other things, ERISA provides protections for participants and beneficiaries in employee benefit plans (participant rights), including providing access to plan information. Also, those individuals who manage plans (and other fiduciaries) must meet certain standards of conduct under the fiduciary responsibilities specified in the law."

 

 

$10,600 ERISA Claim

Recent Federal Court Ruling in a Case with $10,600 medical claim, insurance Co. refused to pay, provider made numerous demand for payment in almost one year, but no appeals filed, the court dismissed the lawsuit because provider failed to exhaust administrative remedy, as required under ERISA, by filing ERISAclaim appeals.  This situation is so popular in health-care community.

 

 

 

 

Agree to terms and conditions

"Each benefit plan defines which services are covered, which are excluded, and which are subject to dollar caps or other limits. Members and their providers will need to consult the member's benefit plan to determine if there are any exclusions or other benefit limitations applicable to this service or supply."

 

CIGNA - Coverage Positions/Criteria
"The terms of a participant's particular benefit plan document [Group Service Agreement (GSA), Evidence of Coverage, Certificate of Coverage, Summary Plan Description (SPD) or similar plan document] may differ significantly from the standard benefit plans upon which these Coverage Positions are based. If these Coverage Positions are inconsistent with the terms of the member's specific benefit plan, then the terms of the member's specific benefit plan always control."

 

UnitedHealthcare Medical Policies

"By clicking "I agree," you agree to be bound by the terms and conditions expressed below, in addition to our Site Use Agreement.

UnitedHealthcare medical policies have been made available to you as a general reference resource. When reading these policies you agree that:

Our Medical Policy is not your patient's Benefit Plan.

Your patient's medical benefits are governed and determined by a benefit document, either a Certificate of Coverage or a Summary Plan Description. You should not rely on the information contained in this Web site section to determine your patient's medical benefits.
 

  1. Federal and state mandates and the patient’s benefit document take precedence over these policies.

  2. The patient’s benefit document lists the specific services that have coverage limits or exclusions.


Our Medical Policy does not address every situation and individuals should always consult their physician before making any decisions on medical care."

 

 

 

Statutes (United States Code) 
ERISA - Title 29, Chapter 18. 

        Selected links:

Sec. 1002.
Definitions

Sec. 1003.
Coverage

Sec. 1022.
Summary plan description

Sec. 1027.

Retention of records
Sec. 1104.
Fiduciary duties

Sec.1106.

Prohibited transactions

Sec. 1140.
Interference with protected rights

Sec. 1141.
Coercive interference

part 7
group health plan requirements

 

 

Code of Federal Regulations

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.

 

 

   
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