Self Funded Group Health Insurance
Insurance coverage is provided by an employer-sponsored self-funded ERISA plan. In an ERISA case, the insurance company “doesn’t engage in the act of insurance”, they just administer it. Therefore ERISA plans are not subject to state laws. ERISA plans are governed by federal law under the jurisdiction of the US Department of Labor (USDOL). The specific benefits or coverage details are found in the Summary Plan Description (SPD). An appeal must go through the insurance company, then to the Employer’s Plan Fiduciary. If still required, the Fiduciary’s decision can be brought to the USDOL to review for ERISA compliance, and then file a lawsuit in federal court.