It is them. Write your congressman! There’s still time to have an impact and maybe get some consideration of tweaking ERISA into a health care bill. As long as the insurance industry (appropriately) is wearing the black hat now is the time to move.
Especially if the public option is defeated, then we’ll need another way to “keep the insurance companies honest.” So let’s gear up for an attack on their absurd immunity from liability for bad faith and fraud.