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\u27 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
I. Introduction II. Background ... A. The Emerging Conflict Between ERISA and Managed Care ... B. Ca...
This report will examine the preemption provisions of ERISA, the U.S. Supreme Court’s interpretation...
This commentary previews an upcoming Supreme Court case, US Airways v. McCutchen, in which the Court...
This article summarizes and critiques the U.S. Supreme Court\u27s decision in Aetna Health Inc. v. D...
The Supreme Court of the United States held that ERISA preempts a Texas state law allowing claims ag...
ERISA, adopted a quarter century ago to reform private pension law, imposed by the end of the twenti...
This installment of Law and the Public’s Health discusses the United States Supreme Court’s June 200...
530 U.S. 211 (2000) On June 12, 2000, the U.S. Supreme Court, in a unanimous decision written by Jus...
As managed care organizations expand their programs of quality assurance and physician evaluation, m...
Whether patients who obtain their health coverage through private employment ought to be able to sue...
Curtis Rooney\u27s article reviews the ERISA law and it relationship to managed care. The piece cont...
David Trueman\u27s article reviews the history of ERISA preemption by analyzing seminal Supreme Cour...
On June 21, 2004, the United States Supreme Court decided the health law “case of the year” in the t...
The critical issue in health policy is the cost of health care, and its importance will only rise fu...
In New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co., the Unite...
I. Introduction II. Background ... A. The Emerging Conflict Between ERISA and Managed Care ... B. Ca...
This report will examine the preemption provisions of ERISA, the U.S. Supreme Court’s interpretation...
This commentary previews an upcoming Supreme Court case, US Airways v. McCutchen, in which the Court...
This article summarizes and critiques the U.S. Supreme Court\u27s decision in Aetna Health Inc. v. D...
The Supreme Court of the United States held that ERISA preempts a Texas state law allowing claims ag...
ERISA, adopted a quarter century ago to reform private pension law, imposed by the end of the twenti...
This installment of Law and the Public’s Health discusses the United States Supreme Court’s June 200...
530 U.S. 211 (2000) On June 12, 2000, the U.S. Supreme Court, in a unanimous decision written by Jus...
As managed care organizations expand their programs of quality assurance and physician evaluation, m...
Whether patients who obtain their health coverage through private employment ought to be able to sue...
Curtis Rooney\u27s article reviews the ERISA law and it relationship to managed care. The piece cont...
David Trueman\u27s article reviews the history of ERISA preemption by analyzing seminal Supreme Cour...
On June 21, 2004, the United States Supreme Court decided the health law “case of the year” in the t...
The critical issue in health policy is the cost of health care, and its importance will only rise fu...
In New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co., the Unite...
I. Introduction II. Background ... A. The Emerging Conflict Between ERISA and Managed Care ... B. Ca...
This report will examine the preemption provisions of ERISA, the U.S. Supreme Court’s interpretation...
This commentary previews an upcoming Supreme Court case, US Airways v. McCutchen, in which the Court...