Quality Control, Enterprise Liability, and Disintermediation in Managed Care

Posted: 7 May 2002  

John Jacobi

Seton Hall School of Law

Nicole Huberfeld

University of Kentucky College of Law

Abstract

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.

Suggested Citation

Jacobi, John and Huberfeld, Nicole, Quality Control, Enterprise Liability, and Disintermediation in Managed Care. Journal of Law, Medicine & Ethics, Vol. 29, Nos. 3 & 4, 2001. Available at SSRN: https://ssrn.com/abstract=301368

John Jacobi (Contact Author)

Seton Hall School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States
973-642-8952 (Phone)

Nicole Huberfeld

University of Kentucky College of Law ( email )

258 Law Building
Lexington, KY 40506-0048
United States
859-257-3281 (Phone)

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