Should managed-care organizations be accountable to patientsinjured by the company's negligence or wrongdoing? The generalrule is that all organizations, including managed-care organizations,are legally liable for causing personal injury as a result oftheir own negligence or the negligence of their employees oragents.1,2,3,4 However, as most observers of the U.S. healthcare system know by now, there is an exception to this basiclegal rule of accountability. The Employee Retirement IncomeSecurity Act of 1974 (ERISA) has been interpreted to grant healthbenefit plans provided by employers or unions (and the managed-careorganizations that sell or administer . . . [Full Text of this Article]
Liability and Erisa
Background of the Case
The Supreme Court's Decision
Implications of the Decision
Options for Holding Managed-Care Organizations Liable for Negligence
Conclusions
References
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