Abstract

http://ssrn.com/abstract=301181
 


 



Pegram's Regress: A Missed Chance for Sensible Judicial Review of Managed Care Decisions


Michael T. Cahill


Brooklyn Law School

Peter D. Jacobson


University of Michigan School of Public Health


American Journal of Law & Medicine, Vol. 27, No. 4

Abstract:     
This article argues that a proper interpretation of ERISA places fiduciary duties at the heart of its framework for judicial review, and that Pegram was therefore wrongly decided. The article also discusses the negative implications of Pegram. Essentially, the Supreme Court missed an opportunity to enable the use of ERISA to resolve managed care's serious allocative tradeoffs using the fiduciary-duty model of the kind the article proposes. Finally the article considers what, if anything, can be done after Pegram to maintain a balanced and significant role for the government, specifically the courts, in overseeing MCOs' decisions.

Accepted Paper Series


Not Available For Download

Date posted: February 19, 2002  

Suggested Citation

Cahill, Michael T. and Jacobson, Peter D., Pegram's Regress: A Missed Chance for Sensible Judicial Review of Managed Care Decisions. American Journal of Law & Medicine, Vol. 27, No. 4. Available at SSRN: http://ssrn.com/abstract=301181

Contact Information

Michael T. Cahill
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States
718-780-7943 (Phone)
718-780-0376 (Fax)
HOME PAGE: http://www.brooklaw.edu/faculty//profile/?page=267

Peter D. Jacobson (Contact Author)
University of Michigan School of Public Health ( email )
109 Observatory
Ann Arbor, MI 48109-2029
United States
734-936-0928 (Phone)
734-764-4338 (Fax)
HOME PAGE: http://www.sph.umich.edu/~pdj/
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