The Supreme Court's Limitation of Managed-Care Liability

New England Journal of Medicine, September 2004

Boston Univ. School of Law Working Paper No. 04-13

6 Pages Posted: 22 Nov 2004 Last revised: 14 Jul 2009

See all articles by Wendy K. Mariner

Wendy K. Mariner

Boston University School of Law; Boston University School of Public Health

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.

Keywords: Managed care, ERISA, health insurance, patient rights

Suggested Citation

Mariner, Wendy K., The Supreme Court's Limitation of Managed-Care Liability. New England Journal of Medicine, September 2004; Boston Univ. School of Law Working Paper No. 04-13. Available at SSRN: https://ssrn.com/abstract=622401

Wendy K. Mariner (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Boston University School of Public Health ( email )

715 Albany Street
Boston, MA 02118
United States
617-638-4626 (Phone)
617-414-1464 (Fax)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
33
Abstract Views
1,433
PlumX Metrics