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Correspondence
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Volume 352:201-203 January 13, 2005 Number 2
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The Supreme Court and Managed-Care Liability

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 by Bloche, M. G.
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 by Mariner, W. K.
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To the Editor: Two articles in the September 23 issue, by Bloche1 and Mariner,2 give the impression that the issue of managed-care liability is settled — that the Supreme Court has "made up its mind" to immunize managed-care organizations (MCOs) from legal liability stemming from benefit or treatment decisions. In reality, the decision in Aetna Health Inc. v. Davila is not such a clear departure from the pattern of judicial interpretation of the relation of the federal Employee Retirement Income Security Act (ERISA) to managed care. In fact, this Supreme Court decision is part of a continuing debate in all . . . [Full Text of this Article]




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