Insurance Appeal Helper

Home / Guides

ERISA vs state-regulated health plans: why it matters

Who can help you after a denial depends on how your plan is set up. This is one of the most confusing parts, and the main reason a state insurance department sometimes says "we can't help."

Plan typeWho regulates it (generally)Where to turn
Individual or Marketplace plan (you bought it)State insurance department, plus federal ACA rulesInternal appeal, then external review (state or federal process), and a state insurance department complaint.
Employer plan, fully insured (employer buys a policy from an insurer)Federal ERISA claim rules for private-sector plans, and the state regulates the insurerInternal appeal under ERISA rules; external review follows the state or federal process that applies to the insurer; the state department can usually take complaints about the insurer.
Employer plan, self-funded (the employer pays claims; an insurer or administrator may only run it)ERISA and the U.S. Department of Labor, not the state insurance departmentInternal appeal under ERISA rules; external review follows the federal process for the plan; contact EBSA at askebsa.dol.gov or 1-866-444-3272.
Government or church plansERISA does not cover some of these plansCheck the plan documents; self-funded state and local government plans may use a federal external review process.
Medicare / MedicaidFederal and state programsSee the Medicare and Medicaid basics.

How to find out which you have

Both groups still get appeal rights

The Labor Department says ERISA plans must give at least 180 days to appeal a denial and must follow set decision timelines, and that non-grandfathered plans must provide external review, with the process depending on whether the plan is self-funded or insured.

Plan classifications have exceptions. If you are unsure, call the plan, read your SPD, or contact EBSA or your state's consumer assistance program. A lawyer can tell you which rules apply.

Sources

Page last reviewed October 17, 2026. Rules change; confirm with your notice, plan documents or the agency pages above.