[20010619]RS20937_根据S.1052和S.889针对健康计划的联邦和州诉讼原因.pdf

1 S. 1052 is similar to S. 283 and S. 872, earlier bills introduced by Senator McCain andcosponsored by Senators Kennedy and Edwards. S. 872 was the subject of an earlier version ofthis report.2 Employee Retirement Income Security Act of 1974, 29 U.S.C. 1132, 1144.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20937Updated June 19, 2001Federal and State Causes of Action AgainstHealth Plans Under S. 1052 and S. 889Angie A. WelbornLegislative AttorneyAmerican Law DivisionSummaryOne of the central issues in the debate over patient protection legislation is thejurisdiction in which suits against health plans may be brought. Both S. 1052 and S. 889provide federal causes of action for certain types of suits against managed care plans, andto differing degrees, allow certain types of suits to be brought in state courts. However,each bill presents a different set of requirements for cases heard in either jurisdiction.This report discusses the provisions under each bill that would give a federal courtjurisdiction over suits against managed care plans, and under what circumstances a statecourt would likely have jurisdictio