The Supreme Court limits lawsuits against managed care organizations

被引:0
|
作者
Jost, TS [1 ]
机构
[1] Washington & Lee Univ, Sch Law, Lexington, VA 24450 USA
关键词
D O I
10.1377/hlthaff.W4.417
中图分类号
R19 [保健组织与事业(卫生事业管理)];
学科分类号
摘要
In Aetna Health Inc. v. Davila, the United States Supreme Court revisited the question of whether the Employee Retirement Income Security Act (ERISA) precludes state lawsuits against ERISA plans. The Court held that ERISA preempts damage actions brought against managed care organizations under the Texas Health Care Liability Act because ERISA itself provides the exclusive remedy for challenging ERISA plans' coverage decisions. The Court suggested, however, that health plans might be liable for treatment decisions made by employed physicians. It also volleyed back to Congress the question of whether ERISA beneficiaries should have any remedy for damages caused by coverage decisions.
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页码:W417 / W426
页数:10
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