Ama Policy

ERISA and Managed Care Oversight D-383.984

Participation in Products, Plans, or Networks, Preemption-ERISA

Our AMA will develop, propose, and actively support (1) federal legislation clarifying that ERISA preemption does not apply to physician/insurer contracting issues; (2) federal legislation that requires all third party payers serving as administrators for ERISA plans to accept assignment of benefits by patients to physicians; and (3) federal and state legislation prohibiting “all products” clauses or linking participation in one product to participation in other products (“tied”) administered or offered by third party payers or their affiliates.

Policy Timeline

Res. 915, I-06 Reaffirmed: Res. 223, I-10 Reaffirmed: CMS Rep. 6, A-12 Reaffirmed: BOT Rep. 9, A-22