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The Supreme Court Limits Lawsuits Against Managed Care Organizations


Timothy Stoltzfus Jost


Washington and Lee University - School of Law


Health Affairs, Web Exclusive, August 11, 2004
Washington & Lee Legal Studies Paper No. 04-14

Abstract:     
In Aetna Health Inc. v. Davila, the United States Supreme Court revisited the question of whether the Employee Retirement Income Security Act (ERISA) precludes state lawsuits against ERISA plans. The Court held that ERISA preempts damage actions brought against managed care organizations under the Texas Health Care Liability Act because ERISA itself provides the exclusive remedy for challenging ERISA plans' coverage decisions. The Court suggested, however, that health plans might be liable for treatment decisions made by employed physicians. It also volleyed back to Congress the question of whether ERISA beneficiaries should have any remedy for damages caused by coverage decisions.

Number of Pages in PDF File: 11

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Date posted: September 11, 2004  

Suggested Citation

Jost, Timothy Stoltzfus, The Supreme Court Limits Lawsuits Against Managed Care Organizations. Health Affairs, Web Exclusive, August 11, 2004; Washington & Lee Legal Studies Paper No. 04-14. Available at SSRN: http://ssrn.com/abstract=589222

Contact Information

Timothy Stoltzfus Jost (Contact Author)
Washington and Lee University - School of Law ( email )
Lexington, VA 24450
United States
540-458-8510 (Phone)
540-458-8488 (Fax)
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