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Rx-1
$$$$$$$$$ERISA $$$$$$$$$$
Rx-2
US
Supreme
Court Visits ERISAclaim.com
at 11:57:03 AM on Friday, November 21,
2003 |
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U.S. Healthcare Crisis Turnaround:
A New Diagnosis and
$1.0 Trillion Nuclear Solution
To
$44 Trillion Future U.S. Budget Deficit
By Jin Zhou
© Jin Zhou, ERISAclaim.com
03/01/2003 Published
11/14/2005 Updated
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
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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."
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Health-Care 9/11 Report of 2005
Health-care WMD
by Jin Zhou,
02/05/2005
© 2005,
Jin Zhou,
ERISAclaim.com |
|
Unanimous US Supreme Court: |
Employer-Sponsored Health-Care Is
Completely Governed by ERISA laws and rules;
Aetna Health Inc. v. Davila, 06/21/04 |
|
Congressional Leaders: |
One
Administration = One Voice = ERISA Self Enforcement only, or
No Enforcement? |
|
Health-care Terrorists? |
"ERISA Advantage"
bogus
plans,
"unlimited and frequent premium increases, and the potential for
rampant fraud with little, if any, regulatory recourse" in 30
years of ERISA self enforcement. |
|
Health-care WMD (Weapons of Mass Destruction) |
"Medical
Inflation, WMD" for
"ERISA Advantage" from
ERISA Failure -
"Failure of Imagination" Again
for US Healthcare:
USA:
$1.9 Trillion, 15.7% of GDP
GM:
$5.6 Billion, $1,500 Per Car
Economists: Federal deficit a bigger risk than terrorism (USA
Today) "The survey, taken
between Feb. 28 and March 8, found U.S. businesses had three nearly
equal concerns about longer-term risks: health care, the aging
population and the federal deficit." |
| USA
2005: |
-
Personal Bankruptcy
-
GM Chapter 11,
-
National healthcare expenditure $$1,9 trillion
-
One nation under debt
-
GAO Report: Tax
Expenditures Represent a Substantial Federal Commitment and Need to
Be Reexamined (PDF) (U.S. Government Accountability Office)
Abstract Highlights-PDF PDF
|
| White
House Rx: |
$1,000
HSA personal responsibility +AHP with
More "ERISA advantage" for "widespread
plan insolvencies and fraud" and
"A
Prescription For Disaster". |
| 2005 for
Michael Moore? |
"John Q. ERISA
Enforcement"??? |
|
Congressional conclusion 2008:
|
"Failure of Imagination" Again,
with No One's Responsibility and Accountability. |
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Tort Reform, Fraud & Healthcare Crisis? |
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New From Center for Justice & Democracy:
***New Study*** Falling Claims and
Rising Premiums in the Medical Malpractice Insurance Industry
(July 7, 2005)
Appendix
News Release: New Study Leads
Attorneys General to Proclaim “No Excuse” and “A Matter of
Life and Death” (July 7, 2005)
PDF
"Joanne
Doroshow, Executive Director of the Center for Justice &
Democracy, which commissioned the report, stated, “To put it
bluntly, if you look at what the insurance companies say about
why they raise premiums, and then look at the data in this
report, thenumbers just don’t add up. The facts are very
simple: medical malpractice payouts are down yet insurance
companies have significantly increased premiums.
This shows that the
entire campaign to limit liability for doctors over the last
several years by capping compensation to injured patients has
been a fraud, and that based on these data, insurers must know
that it has been a fraud.”
Study Backgrounder (July 7, 2005)
PDF
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ERISAclaim.com - A $1.0 Trillion Nuclear
Solution to U.S. Health-care Crisis & $44 Trillion Budget Deficits |
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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?
|
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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."
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ERISA Failure Syndrome
U.S.
Healthcare Crisis Trilogy
(Copyright © 2004
by
Jin Zhou,
ERISAclaim.com) |
ERISA
Medical Killing |
ERISA
Medical Inflation |
ERISA
Insurance Robbery
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?
? |
 |
?
? |
 |
GAO-04-312
?
? |
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American Job ExportING! |
Mass layoffs up in January 2004
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Weirton Steel cancels 10,000
GM: $67.5 billion in 2003
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One Nation under Debt:
U..S. economy threatened by
aging of America
Healthcare
Disaster at Fault Verdict Index:
U.S. Government 30%
U.S. Employers &
Insurers 30%
Healthcare Providers 30%
Consumers 10%
(ERISA
Failure + Managed-Care) Destroyed US Healthcare
(ERISA Failure + Managed-Care + HSA) Invite US Federal Budget
Deficit & Social Security Disasters = 100X 9/11 Attacks
GAO: Current and Emerging Fiscal and Retirement Security
Challenges, American Benefits Council/MetLife Conference,
Washington, DC, on January 14, 2005
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Rising Health care Costs Have
Many Implications
(Direct)
-
Rising Healthcare Costs Have Many
Implications
(Indirect)
Rx-1
$$$$$$$$$ERISA$$$$$$$$$$
Rx-2
Health costs a big part of GDP
(Newsday.com)
February 9, 2005
"Socolar and
Sager co-direct Boston University's Health Reform Program,
which attempts to develop solutions to the nation's health
care problems. In the report released today, they argue that
if health care costs had grown no faster than GDP,
the nation would have saved a stunning
$1 trillion."
Excessive Medical Expenses Study Finds that
Half of Health Care Dollars Are Wasted
(San Francisco Chronicle)
Excerpt: "About
50 percent of health care spending is
eaten up by waste, excessive prices and fraud,
according to a report set for release [February 9, 2005] by
Boston University researchers. Major sources of unnecessary
spending include administrative costs and profit in the
insurance industry, high prices of prescription drugs and
health services and, to a smaller extent, theft and fraud,
according to the study."
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