Document Type
Article
Publication Date
9-2004
ISSN
0028-4793
Publisher
Massachusetts Medical Society
Language
en-US
Abstract
This article summarizes and critiques the U.S. Supreme Court's decision in Aetna Health Inc. v. Davila, which limited managed care organizations' liability for negligent decisions about the care of patients in private employer-sponsored health plans governed by ERISA. It contrasts the Court's dichotomous view of health benefit plans, in which insurers administer contracts and treating physicians make medical judgments, with the more complicated relationships that affect decisions about both coverage and treatment.
Recommended Citation
Wendy K. Mariner,
The Supreme Court's Limitation of Managed-Care Liability
,
in
351
The New England Journal of Medicine
1347
(2004).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/357
Comments
From The New England Journal of Medicine, Wendy K. Mariner, The Supreme Court's Limitation of Managed-Care Liability, Volume 351, Page 1347 Copyright © (2004) Massachusetts Medical Society. Reprinted with permission.