If you are one of the substantial number of Americans who receive their health coverage in connection with their employment (excepting government or church employees), ERISA applies. Absent from the ongoing debate about health care reform is a discussion about the impact of ERISA. ERISA is an onerous and oppressive law that HMOs and insurance companies love and cherish, but do not want the public to understand.
It is hard to love being an American these days. Our federal government is, at best, incompetent. Actually, it is full of ill-will towards most Americans and everyone else in the world. It is their country too...I suppose.
Anyhoo, the crap covered during this campaign season and knowing how inept our president is, makes me very blue. But then some things make me feel better about being an American.
Is there a connection between the immorality and poor judgment of people like John Yoo, George Bush, Alberto Gonzales and their education at Harvard and Yale?
These two schools are supposed to be the most prestigious in the United States, yet the aforementioned men are three of the biggest pieces of trash ever, and the best that can be said about them is that they meet the minimum standards of humanity.
UPDATE:
Yeah. John Kerry, though a piss-poor presidential candidate is a damn honorable guy. This is especially so when compared to any Bush.
As a shoutout out to my Sam-bone, I will post names and sometimes links to the downtown Portland breakfast spots. Hopefully, he and I will eat at most of them before our time here is through.
By posting them, I am making no other assertion about the restaurant other than that it is located downtown. Also, I will post them in order I learn about them. And these are not hotel restaurants. This list will be updated as I update it. But you knew that.
1. Leo's Coffee Shop, 837 SW 11th Ave.
2. Sunshine Cafe, 1216 SW Morrison St.
3. Kenny & Zuke's, 1038 SW Stark St.
4. Red Star Tavern, 503 SW Alder St.
4. Mother's Bistro, 212 SW Stark St.
5. Roxy, 1121 SW Stark St.
6. Half & Half, 923 SW Oak St.
7. Commodore Grill, 1601 SW Morrison St.
8. Bijou Cafe, 1601 SW Morrison St.
As you may know, a 52 year old Wal-Mart employee was severely injured in a semi-truck v. minivan crash and obtained $700,000 from the trucking company. Permanent brain damage is one of her injuries, so this money has to basically take care of her for the rest of her life.
Wal-Mart, as her health insurer, paid about $470,000 for her medical care. The piss-poor federal statute ERISA allows the health insurer to get *all* of this money back from *any*money recovered by the injured party--including money for medical bills, lost wages, pain and suffering--anything and everything.
The employee was left with about $417,000 after attorney fees and costs. The United States Court of Appeals upheld Wal-Mart's right to get all of this money and the US Supreme Court denied to rehear the case. That was technically the right decision because since a 2006 US Supreme Court decision the law on this recovery is pretty clear.
However, there was public outcry (as there should be) for this. And Wal-Mart decided to waive its right to take the money. Because of this outcry, there may be the chance to at least change the rule in ERISA that allows this craptacular-ness to occur.
Heck. Maybe there may be a chance to have ERISA serve a purpose other than screwing over consumers. Glory be!
