CLINIC Assistance Act
- Sponsor
- Rep. Courtney, Joe [D-CT-2]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Jul 16, 2026
Bottom line
The CLINIC Assistance Act aims to improve access to legal representation for individuals navigating complex ERISA benefit claims by leveraging law school clinics and student legal aid.
What it actually does
This bill establishes a federal grant program, administered by the Secretary of Labor, to fund attorney-supervised clinical, externship, or pro bono programs at accredited law schools. These programs would enable law students to provide legal assistance to participants and beneficiaries of employee welfare benefit plans in civil enforcement actions, including benefit denial appeals and actions related to unpaid out-of-pocket costs. The bill authorizes $5 million annually for fiscal years 2026 through 2030 for this purpose.
Proponents argue
Supporters argue that the bill will significantly enhance access to justice for individuals struggling to appeal denied benefits or enforce their rights under ERISA, particularly for complex health and welfare benefit claims. They contend that many participants and beneficiaries lack the resources to hire legal counsel, and student-led clinics provide a vital, low-cost avenue for assistance while simultaneously offering invaluable practical experience to future lawyers.
Opponents contend
Critics might express concerns about the potential for increased litigation against employee benefit plans, which could raise administrative costs for employers and plan administrators. Some may also question the efficacy and consistency of legal representation provided by law students, even under attorney supervision, suggesting that complex ERISA cases require highly experienced legal professionals. Others might raise concerns about the federal government funding legal challenges against private plans.
The bill is concise and clearly written, allowing for a quick and thorough understanding of its provisions.
Section 2, new Section 525(a)
Establishment of Grant Program for ERISA Clinics
This provision directs the Secretary of Labor to create a grant program. These grants will be awarded to accredited law schools to help them plan, develop, or operate programs where law students, under attorney supervision, can assist individuals with issues related to their employee welfare benefit plans. The goal is to improve access to benefits for these individuals.
Supporters argue
Supporters argue this program directly addresses a critical gap in legal aid, enabling vulnerable individuals to navigate the often-complex ERISA system. It provides a practical, cost-effective solution to ensure benefit claims are fairly adjudicated.
Critics contend
Critics might argue that creating new avenues for litigation could increase the burden on employee benefit plans and potentially lead to higher administrative costs, which could ultimately be passed on to employers or plan participants.
Tradeoffs
The provision balances the goal of increasing access to justice for individuals with the potential for increased litigation and administrative burden on employee benefit plans.
Section 2, new Section 525(b)
Authorized Uses of Grant Funds
This section specifies how the grant money can be used. It allows funds to support programs that provide legal representation for benefit denial appeals (both internal and external reviews), lawsuits under ERISA Section 502, actions against individuals by healthcare providers for unpaid out-of-pocket costs, and other related enforcement actions. A portion of the grant can also be used to pay for the attorneys who supervise the law students.
Section 2, new Section 525(f)
EBSA Coordination Requirement
This provision mandates that benefit advisors from the Department of Labor's Employee Benefits Security Administration (EBSA) must coordinate with the law school programs receiving grants. This coordination is intended to help participants and beneficiaries challenge denied benefit claims. EBSA advisors are also permitted to provide individuals with lists of eligible institutions operating these programs.
Section 2, new Section 525(h)
Authorization of Appropriations
This section authorizes specific funding for the grant program. It states that $5,000,000 is authorized to be appropriated for each of the fiscal years 2026 through 2030 to carry out the purposes of this section.