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HARRY HUGHES, Governor 2273
WHEREAS, Among the health care benefits available to
citizens of this State under health insurance policies regulated
by this State are certain maternity and childbirth benefits,
alcoholic and drug rehabilitation benefits, mental health care
benefits, benefits for prosthetic devices and orthopedic braces,
and home health care benefits; and
WHEREAS, The State of Maryland has passed laws regulating
insurance policies which have enabled the people of the State to
have the opportunity to select the health care professional of
their choice; and
WHEREAS, These laws enabled citizens of this State to feel
confident that these health care benefits and services will be
provided by insurance policies regulated by this State; and
WHEREAS, Since the passage of Employment Employee Retirement
Income Security Act (ERISA) in 1974, a series of court cases
have arisen that interpreted Section 514 of Employment Employee
Retirement Income Security Act, 29 U.S.C. § 1144, as preempting
state regulation of insurance in certain areas; and
WHEREAS, Maryland courts are deciding if the insurance laws
of this State are preempted by Employment Employee Retirement
Income Security Act in certain areas; and
WHEREAS, While a purpose of Employment Employee Retirement
Income Security Act is to allow uniform insurance coverage in all
states, there are no federal rules or regulations that define
what a uniform policy should contain; and
WHEREAS, Some citizens of this State would be left without
the needed protections that State laws provide, including the
health care benefits and services provided by Article 48A of the
Code; and
WHEREAS, The citizens of this State who have insurance
policies that are regulated by Employment Employee Retirement
Income Security Act do not know that they are not receiving the
protection of State laws regulating benefits and service; and
WHEREAS, Regulation of insurance by Employment Employee
Retirement Income Security Act would provide different treatment
of the citizens of this State than would State regulation; and
WHEREAS, Citizens of this State can no longer feel confident
that the State will protect them by regulating all health
insurance policies; and
WHEREAS, Regulations of insurance has traditionally been the
function of the states since the McCarran Act in 1945; and
WHEREAS, States are better suited to regulate the insurance
carriers because, unlike the federal government, states already
have established regulation mechanisms; and
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