they key is whether you have additional things that apply only to erisa and the erisa statute which is the sole interest standard. >> and erisa exist because congress made the direct -- correct policy decision that we should care more about protecting retirement assets. there is a completely different standard which is one reason why the sec should not be doing this and deal should i derive no more pleasure out of watching members of congress trash the sec for being incapable of getting any rules and on until we're talking about the dol role in all of them what the sec to exclusive jurisdiction. i happen to agree with aside this is right that the sec is incapable of getting rolls done. if you look at the principal trading exemption, the sec has had a template rule in place now going on eight years that it is incapable of adopting. also dol covers nonsecurity as you pointed securities revelation supplies, use securities but there's a lot of people whose iras are being put into non-securities what are often the most abused investment in retirement plans. >> be specific. what abuses are y

we work with both the department of labor on the erisa side of commercial health insurance side. we trained the erisa investigators in how to detect deviation from parody arrangements within insurance, and so they're out there fully trained now working on these issues. we have a group within hhs who regularly provides technical assistance to state insurance commissioners and works with them to resolve complaints as they arise, and we've done continuing series of forms and technical assistance around the country. we are working with stakeholders some of whom are in this room today, to improve our ability to ask for disclosure and to offer up consumers the opportunity to really make that evaluation that you referred to. chairman murphy: thank you, assistant secretary. director botticelli would like to talk about another barrier for treatment to patients. press accounts suggest that some states are denying patients access to drug courts if they're receiving medication assisted treatments or m.a.t.'s. i understand this is a problem in kentucky, according to some press accounts. so di

we work with both the department of labor on the erisa side of commercial health insurance side.we've trained the erisa investigators in how to detect deviations from parody arrangements with an insurance, and so they're out there fully trained now working on these issues. we have a group within hhs who regularly provides technical assistance to state insurance commissioners and works with them to resolve complaints as they arise, and we've done continuing series of forums and technical assistance around the country. we are working with stakeholders, some in the room today, to improve our ability to ask for disclosure and to offer up consumers the opportunity to really make that evaluation that you referred to. >> thank you, assistant secretary. director, we'd like to talk about another barrier for treatment to patients. press accounts suggest that some states are denying patients access to drug courts if they're receiving medication-assisted treatments, or m.a.t.s. i understand this is a problem in kentucky, according to some press accounts. so director, can you explain what's g

the problem is we have to take into consideration erisa is an absolute statute. you're either in bounds or out of bounds with significant liable as a result of it. further more, the way it operates is not where mercer mentioned the issue with the principle transactions at the sec, take your point, it's been going on a long time. but it's not a situation where the department can, in a short-term basis, if the rule is not right, make a short-term correction and come back and fix it later. it's not right. it doesn't work. you can't do it. you have criminal liability. you have tax liability. you have that until they get around to fixing it and doing the prohibited transaction exemption. as i pointed out earlier, we have been in negotiations with them on prohibited transaction exemptions on other rules out there for years. it takes a long time to move the process. in fact, the point mentioned on the account, the small balance account, $50,000 balanced account, is -- comes out of a rule that comes out of a 2006 piece of legislation that the rule was written in 2010. th

we work with both the department of labor on the erisa side the commercial health insurance life. we train the erisa investigators in how to detect deviations from parity arrangements with insurance. so they're out of their fully trained now working on these issues. we have a group within hhs who regularly provide technical assistance to state insurance commissioners and works with them to resolve complaints as they arise. and we can continue to series of forums and technical assistance around the country and we're working with stakeholders some of whom are in this room today, to improve our ability to ask the disclosure and to offer up consumers the opportunity to really make that evaluation that you referred to. >> thank you, assistant secretary. director botticelli can would like to talk about another barrier to treatment for some patients and presidents have suggested that some states are denying patients access to drug courts if they are receiving medication-assisted treatment. i understand this has been a problem in kentucky, at least according to some press accounts. can yo