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Volume 351:1277-1279 September 23, 2004 Number 13
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Back to the '90s — The Supreme Court Immunizes Managed Care
M. Gregg Bloche, M.D., J.D.

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-Related Article
 by Mariner, W. K.
-PubMed Citation
Should the law let patients sue health plans for damages when plans deny coverage and bad results ensue? A June ruling by the U.S. Supreme Court has returned this question to the forefront of the nation's political agenda. The decision, in Aetna v. Davila,1 immunized employer-sponsored health plans against damage suits for wrongful denial of coverage. It voided statutes in 10 states that expressly allowed such suits and barred courts everywhere from permitting such claims to go forward under judge-made law. Consumer advocates, congressional Democrats, and their party's presidential nominee, John Kerry, vowed legislative action to end managed care's immunity, . . . [Full Text of this Article]


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From the Georgetown University Law Center, Washington, D.C.; and the Bloomberg School of Public Health, Johns Hopkins University, Baltimore.


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

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