Efforts To Change ERISA

There have been many attempts to change ERISA both in the courts and in Congress, but so far, they have been ineffective. The insurance industry is a heavy contributor to politicians and political candidates, and the insurance lobby has effectively blocked any changes to ERISA. Unless lawmakers are willing to buck the will of the powerful insurance companies lobbying for special protections, it is unlikely that there will be any legislative change to ERISA.

In 2001, there was a legislative effort led by Senators Kennedy and Edwards to pass the Patients Bill of Rights. This legislation would have permitted a very small change in ERISA's pre-emptive effect. However, the proposed legislation did not make it through Congress.

Many judges have expressed their extreme distaste for ERISA and have urged the Supreme Court to revisit its earlier decisions. Individual Supreme Court justices have also confessed that many of the Court's rulings on ERISA have been wrong. However, the Supreme Court has been unwilling to revisit the issue thus far. Undoubtedly, these parties and groups in favor of changing ERISA will continue to ask the Supreme Court to reevaluate its position.