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How health insurers get a free pass to deny coverage from a 52-year-old law meant to protect worker pensions

  • Florence Corcoran was denied insurance coverage for a high-risk pregnancy hospital stay due to ERISA, a 1974 law designed to protect worker pensions and limit insurer liability.
  • ERISA restricts patients from suing insurers for damages such as pain or lost income after wrongful denial of coverage under employer plans.
  • About 67% of employer-insured Americans are affected by ERISA plans, which override state consumer protection laws for self-insured health plans.
  • ERISA limits patients' legal ability to hold insurers accountable, enabling wrongful denial of coverage without consequences.
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The ConversationThe Conversation
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How health insurers get a free pass to deny coverage from a 52-year-old law meant to protect worker pensions

Hurdles in accessing health insurance are major drivers of health and economic inequities. veeranggull orachon/iStock via Getty Images PlusFlorence Corcoran, an employee of South Central Bell Telephone Company, was eight months into a high-risk pregnancy when her obstetrician recommended she spend the final month on bed rest in the hospital, for close monitoring. Despite the recommendation, her health insurer determined that it would only cover …

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The Conversation broke the news on Thursday, July 2, 2026.
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