The New England Journal of Medicine
e-mail icon  FREE NEJM E-TOC    HOME   |   SUBSCRIBE   |   CURRENT ISSUE   |   PAST ISSUES   |   COLLECTIONS   |    Advanced Search
Sign in | Get NEJM's E-Mail Table of Contents — Free | Subscribe
 
Legal Issues in Medicine
PreviousPrevious
Volume 351:1347-1352 September 23, 2004 Number 13
NextNext

The Supreme Court's Limitation of Managed-Care Liability
Wendy K. Mariner, J.D., M.P.H.

Since this article has no abstract, we have provided an extract of the first 100 words of the full text and any section headings.

 Sign up for free e-toc
 

This Article
-Full Text
- PDF
-PDA Full Text
-Purchase this article

Commentary
-Perspective
 by Bloche, M. G.
-Letters

Tools and Services
-Add to Personal Archive
-Add to Citation Manager
-Notify a Friend
-E-mail When Cited
-E-mail When Letters Appear

More Information
-PubMed Citation
On June 21, 2004, in the combined cases of Aetna Health Inc. v. Davila and CIGNA HealthCare of Texas Inc. v. Calad, the U.S. Supreme Court effectively immunized managed-care organizations (MCOs) from liability for negligent decisions about the care of patients in private employer-sponsored health plans.1 It found that when MCOs decide to deny benefits, they are simply applying the terms of an insurance contract and are not making decisions regarding the care of patients, even when their decisions are based on a finding that the care is not medically necessary. The decision interprets the federal Employee Retirement . . . [Full Text of this Article]

The Davila and Calad Cases

The Supreme Court's Decision

Implications of the Decision

Conclusions


Source Information

From the Department of Health Law, Bioethics, and Human Rights, Boston University School of Public Health, Boston.


Related Letters:

The Supreme Court and Managed-Care Liability
Erb C. T., Rich R. F., Zinberg J. M., Mariner W. K., Bloche M. G.
Extract | Full Text | PDF  
N Engl J Med 2005; 352:201-203, Jan 13, 2005. Correspondence

This article has been cited by other articles:



HOME  |  SUBSCRIBE  |  SEARCH  |  CURRENT ISSUE  |  PAST ISSUES  |  COLLECTIONS  |  PRIVACY  |  TERMS OF USE  |  HELP  |  beta.nejm.org

Comments and questions? Please contact us.

The New England Journal of Medicine is owned, published, and copyrighted © 2009 Massachusetts Medical Society. All rights reserved.