What Recourse? — Liability for Managed-Care Decisions and the Employee Retirement Income Security Act
- 24 August 2000
- journal article
- Published by Massachusetts Medical Society in New England Journal of Medicine
- Vol. 343 (8) , 592-596
- https://doi.org/10.1056/nejm200008243430823
Abstract
Should managed-care organizations be accountable to patients injured by the company's negligence or wrongdoing? The general rule is that all organizations, including managed-care organizations, are legally liable for causing personal injury as a result of their own negligence or the negligence of their employees or agents.14 However, as most observers of the U.S. health care system know by now, there is an exception to this basic legal rule of accountability. The Employee Retirement Income Security Act of 1974 (ERISA) has been interpreted to grant health benefit plans provided by employers or unions (and the managed-care organizations that sell or . . .Keywords
This publication has 6 references indexed in Scilit:
- Patients' Rights Bills and Other Futile GesturesNew England Journal of Medicine, 2000
- Backlash: As Prelude to Managing Managed CareJournal of Health Politics, Policy and Law, 1999
- A National Bill of Patients' RightsNew England Journal of Medicine, 1998
- Patients' Rights in Managed Care -- Exit, Voice, and ChoiceNew England Journal of Medicine, 1997
- State Regulation of Managed Care and the Employee Retirement Income Security ActNew England Journal of Medicine, 1996
- Liability for managed care decisions: the Employee Retirement Income Security Act (ERISA) and the uneven playing field.American Journal of Public Health, 1996