Wendy K. Mariner
Boston University School of Public Health; Boston University School of Law
Boston University School of Law Working Paper 04-13
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.
Only the abstract is presented here, to find the complete article go to the New England Journal of Medicine, Vol. 351, p. 1347, September 23, 2004.
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Wendy K. Mariner Contact Information
wmariner@bu.edu
Boston University School of Public Health
715 Albany Street
Boston, MA 02118
617-638-4626 (Phone)
617-414-1464 (Fax)
Presentation and Publication Information:
New England Journal of Medicine, Vol. 351, p. 1347, September
23, 2004
SSRN
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