Tell our U.S. Senators and members of Congress to Protect Insurance Benefits

Tucked into a pension reform bill is a little known provision that is a dream for the insurance industry. The provision in Section 307 of the Pension Protection Act would give insurance companies the right to sue patients for the costs the insurers paid out for patients’ health care. In return, the patients would get nothing. Even when the insurer makes a decision to deny a patient medically necessary care, the patient would have no remedy. Tell our U.S. Senators to oppose Section 307. Unbelievably, the House of Representatives passed the Pension Protection Act that included Section 307. Because the Senate did not pass it, a conference committee has been convened to determine whether this provision will be included in the conference report. Your help is needed to prevent this provision from becoming law! Section 307 turns the Patients' Bill of Rights on its head. It gives the insurance industry the right to sue patients, but it leaves patients with no remedy against the insurance industry. Section 307 is a completely unfair giveaway to a profitable industry at the expense of health care consumers. Write your U.S. Senators and tell them to support the Patients' Bill of Rights by opposing provisions like Section 307. We must fight aggressively against the insurance industry! What is ERISA? ERISA regulates employer provided health and pension plans, including limitations on how a plan can be reimbursed for benefits provided to a beneficiary. Congress passed the Employee Retirement Income Security Act (ERISA) in 1974 after ten years of debate. How Does the House-Passed Provision Limit Rights? The House passed language would allow the health plan to be reimbursed first. Before the patient is compensated at all, the plan could be reimbursed for the entire amount it has paid out in medical expenses, leaving nothing for the injured person who brought the claim. So if a person who receives insurance through his employer (ERISA plan) is injured by a drunk driver, a dangerously defective product or a negligent doctor and the person's health insurance pays for his or her medical care, the plan can sue the patient to be reimbursed first for the money it spent on the patient's care, if the injured person’s claim against the wrongdoer is successful. This could leave patients with no money or resources to pay for their future health care or to support themselves if they can no longer work. Tell a friend about our important work. Sincerely, Dylan Malone, Chair Washington Network for Civil Justice and Accountability

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