Establishing new legal doctrine in managed care: A model of judicial response to industrial change

PD Jacobson, SD Pomfret - U. Mich. JL Reform, 1998 - HeinOnline
The stunning rise of managed care within the past decade has radically transformed health
care delivery in the United States from a cottage industry largely controlled by physicians …

Closing the Lid on Pandora's Box: ERISA Preemption of Tort Actions Against Managed Care Organizations in State Courts

JM Kaye - U. Miami L. Rev., 1999 - HeinOnline
The Employee Retirement Income Security Act of 19741 (ERISA) was promulgated by
Congress in order to standardize employee benefit laws and to protect workers receiving …

Protecting Patient Rights Despite ERISA: Will the Supreme Court Allow States to Regulate Managed Care

DT Bogan - Tul. L. Rev., 1999 - HeinOnline
Prior to Congresss enactment of the Employee Retirement Income Security Act of 1974
(ERISA), the states regulated the health care and health insurance industries. In passing …

Holding Decision Makers Liable: Assessing Liability Under a Managed Health Care System

CP Parver, KA Martinez - Admin. L. Rev., 1999 - HeinOnline
The provision of health care in America long has been recognized as one of the best in the
world, capable of life-saving miracles and advanced medical treatments. As a system …

The Mismanagement of Managed Care Legislation: A Comparison Between the Democratic-Proposed Patients' Bill of Rights Act of 1998 and the Republican …

PL Noble - Cap. UL Rev., 1999 - HeinOnline
CAPITAL UNIVERSITY LAW REVIEW various managed care entities in existence today.
Examples will be given of patient and provider frustration with the current managed care …

How not to think about managed care

JS Hacker, TR Marmor - U. Mich. JL Reform, 1998 - HeinOnline
The claim of this Article is that the concept of" managed care," like many concepts now
prominent in commentary about medical care finance and delivery in the United States, is …

Protecting Participants in and Beneficiaries of ERISA-Governed Managed Health Care Plans

KL Cerminara - U. Mem. L. Rev., 1998 - HeinOnline
The fast-changing health care system has left American patients behind. The complexity of
health care decision-making overwhelms them; the cost-conscious nature of managed care …

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

MT Cahill, PD Jacobson - American Journal of Law & Medicine, 2001 - cambridge.org
Managed care was designed to bring stability and balance to healthcare delivery in the
United States, but its experience in the legal system has involved only moderate stability and …

Managed Care and the Medical Profession: Old Issues and Old Tensions-The Building Blocks of Tomorrow's Health Care Delivery and Financing System

JG Day - Conn. Ins. LJ, 1996 - HeinOnline
The United States health care delivery and financing systemrepresenting approximately one-
seventh of the national economy2-is in the midst of a fundamental and often confusing …

Regulating managed care: What's wrong with a patient bill of rights

DA Hyman - S. Cal. L. Rev., 1999 - HeinOnline
In just a few short years, managed care has gone from the darling of health policy wonks to
the moral equivalent of the tobacco companies. Complaints about avoidable death and …