American Society of Law, Medicine and Ethics
The authors examine the potential of enterprise liability for managed care organizations in light of current health-care finance realities. They conclude that, despite the recent trend toward more loosely structured managed care organizations, such as disintermediated or patient-directed plans, plan-based enterprise liability best serves the goal of reducing medical injury by permitting a focus on entities with sufficient scope to translate liability pressure into support for systemic risk-reduction measures. Advancing plan-based enterprise liability in an era of disengaged managed care organizations will require an extension of tort liability to firms with little control but much influence over their business partners.
Quality Control, Enterprise Liability, and Disintermediation in Managed Care,
Journal of Law, Medicine and Ethics
Available at: https://scholarship.law.bu.edu/faculty_scholarship/896