ERISA was enacted in 1974 as a response to fraud and abuse that occurred in employee pension funds. At the time, it was hailed as a much-needed reform of the entire employee pension fund system. Although most of ERISA's provisions govern the administration of employer-offered pension funds, it also regulates non-pension employee benefits such as disability and health insurance plans. As a result, those seventy-three million Americans, like the Corcorans, who obtain health care through an employer-offered benefit plan contracted through an outside provider are subject to these provisions. In the area of health care, ERISA's promise of protection has not been realized. Instead, ERISA has misguidedly harmed these interests
Kenney, Elaine Gareri
"For the Sake of Your Health: ERISA's Preemption Provisions, HMO Accountability, and Consumer Access to State Law Remedies,"
University of San Francisco Law Review: Vol. 38
, Article 6.
Available at: https://repository.usfca.edu/usflawreview/vol38/iss2/6