What is ERISA?

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Michael Presley is a Florida-based attorney that currently practices law at Presley Law & Associates and also serves as the Chief Executive Officer of United MSO of America. An expert attorney in Health Care Law, Michael Presley has defended Medical Malpractice Claims and pursued ERISA claims in Federal Court for clients that include Miami Children’s Hospital.

The Employee Retirement Income Security Act of 1974, or ERISA, is a federal law that governs pension and healthcare plan standards in the private sector. The law includes more recent amendments, such as the Consolidated Omnibus Budget Reconciliation Act and the Health Insurance Portability and Accountability Act. In order to provide protections for plan participants, the law sets minimum standards that include:

1. The provision of important plan information to plan participants.
2. The establishment of fiduciary responsibilities for plan managers to ensure actions are in the best interest of plan participants.
3. The requirement for a grievance and appeals process regarding plan benefits.
4. The right of plan participants to sue plan managers for breaches of their duty or for plan benefits.