Ranking Member Scott Slams Trump Rule to Make it Harder for Patients to Access Information

Ranking Member Scott Slams Trump Rule to Make it Harder for Patients to Access Information

WASHINGTON - House Committee on Education and Workforce Ranking Member Robert C. "Bobby" Scott (VA-03) urged Employee Benefits Security Administration (EBSA) Assistant Secretary Daniel Aronowitz to withdraw a new proposed rule that would prioritize the interests of employers and health insurance companies over the needs of millions of working families.

The proposed rule, entitled "Electronic Disclosure by Group Health Plans Under ERISA," would establish a "safe harbor" that will allow health plan administrators, such as employers, and health insurance companies to force workers to accept the default use of electronic posting of disclosures required under the Employee Retirement Income Security Act (ERISA). Ranking Member Scott points out that this proposal would require little effort by employers and insurers to ensure that consumers actually receive disclosures required under law. Moreover, the proposed rule would make it substantially more difficult for consumers to access critical, time-sensitive information, such as documents needed to appeal wrongful health claim denials.

"The Proposed Rule is inconsistent with the statutory purpose of the Employee Retirement Income Security Act (ERISA) because it prioritizes the interests of employers and health insurance companies over the millions of workers and their families who receive coverage through employment-based group health plans," Ranking Member Scott wrote. "Further, I am concerned that the safe harbor the Department proposes will make it less likely consumers actually receive numerous important disclosures that are critical to understanding and accessing their earned health benefits."

Ranking Member Scott notes that consumers already have the right to choose electronic disclosures under current regulations. EBSA has done little to explain why this rule is necessary, other than to highlight savings that employers and insurance companies will enjoy if the proposed rule is finalized.

To read the full letter, click here.

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