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Texas Court Finds Benefit Discrimination Allowed in ERISA Plans

OPEN MINDS The Behavioral Health & Social Service Industry Analyst Industry News A Texas court has ruled that an employer that sell-funds its health care benefits can limit benefits provided for employees with AIDS. Houston U.S. District Court Judge Norman Black wrote that nothing in the Employee Retirement Income Security Act of 1974, known as ERISA, requires sell-funded employers to provide equitable health care benefits. “ERISA does not mandate that employers provide any particular benefits and does not itself proscribe discrimination in the provision of employee benefits,” wrote Judge Black in his ruling. According to a report . . .

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