[20030128]RS20868_选定患者保护法案中的雇主责任条款.pdf

1 See Hamilton v. Allen-Bradley Company, 217 F.3d 1321 (11th Cir. 2000).2 Damon Henderson Taylor, ERISA Preemption: Will the Elimination of the ERISA PreemptionClause Help or Harm Americas Ability to Deal with Its Pending Health Care Crisis?, 14 J.L.& Health 133, 160 (2000). See Cooney v. South Central Bell Telephone Company, 1992 WL46381 (E.D. La.), Civ. A. No. 91-3870.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20868Updated January 28, 2003Employer Liability Provisions in SelectedPatient Protection BillsAngie A. WelbornLegislative AttorneyAmerican Law DivisionSummaryThe liability of a self-insured employer in state court for group health plan relatedactions is generally preempted by ERISA. However, an employer who acts as theadministrator of the health plan can be liable for breach of fiduciary duty under ERISA.1Some federal courts have also found self-insured employers liable under theories ofvicarious liability and direct negligence.2 The extent to which employers can be foundliable in any of these situations varies depending on the employers level of participationin the administration of the plan and the