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H.R.3925 / 111th Congress

To amend the Employee Retirement Income Security Act of 1974 to preclude preemption of a State cause of action relating to a denial of a claim for benefits under a health care plan.

Referred to the Subcommittee on Health, Employment, Labor, and Pensions.

Official summary

Version 00 · Introduced in House · Oct 26, 2009

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to preclude federal preemption of a cause of action brought under state law by a participant or beneficiary under a group health plan to recover damages resulting from personal injury or for wrongful death against the plan, the plan sponsor, any health insurance issuer offering health insurance coverage in connection with the plan, or any managed care entity in connection with the plan if such cause of action arises by reason of a medically reviewable decision denying a benefits claim. Allows such a cause of action under state law against any employer or other plan sponsor maintaining the plan (or against an employee of such an employer or sponsor acting within the scope of employment) to the extent that there was direct participation by the employer or other plan sponsor (or employee) in such decision.

Declares that this waiver of federal preemption does not apply (that is, ERISA does supersede state law) with respect to: (1) any cause of action against an employer or other plan sponsor maintaining the plan (or against an employee of such an employer or sponsor acting within the scope of employment), except where the employer or plan sponsor (or employee) participated directly in the decision to deny the claim; or (2) a right of recovery, indemnity, or contribution by a person against an employer or other plan sponsor (or such an employee) for damages assessed against the person pursuant to a cause of action under state law allowed by this Act.

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Who introduced it

Rep. McDermott, Jim [D-WA-7] · D–WA

Committees

  • Education and Workforce Committee
0 cosponsorship records, including any withdrawals

    Actions

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    1. Referred to the Subcommittee on Health, Employment, Labor, and Pensions.

    2. Referred to the House Committee on Education and Labor.

    3. Introduced in House

    4. Introduced in House

    Bill text & related measures

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    Related bills identified by Congress.gov

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    Source last updated: Mar 23, 2026. Consult Congress.gov for the current record.

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