Managed care and ERISA: synopsis and case law review.

Will the Supreme Court finally eliminate ERISA preemption?

David Trueman's article reviews the history of ERISA preemption by analyzing seminal Supreme Court cases and predicts the future of ERISA preemption in his analysis of recent federal case law. Traditionally, the ability to hold a managed care entity responsible for its actions has been hampered by a strict interpretation of the preemption clauses of ERISA but as the Supreme Court's jurisprudenc...

The states, Congress, or the courts: who will be first to reform ERISA remedies?

Curtis Rooney's article reviews the ERISA law and it relationship to managed care. The piece continues with a review of the relevant preremption provisions and a extentivsive discussion of related U.S. Supreme Court decisions. The author discusses malpractice and design liabilities. The article concludes with a discussion of reform initiatives directed toward the ERISA preemption and damage pro...

HEALTH LAW AND ETHICS ERISA Litigation and Physician Autonomy

THE FEDERAL EMPLOYEE RETIREMENT INCOME SECUrity Act (ERISA) looms like a colossus over the managed care environment. Originally enacted to regulate employer-sponsored pension plans, the statute also covers health care benefits established by self-insured employers (with few exceptions, such as for governmental employees). According to recent Department of Labor estimates, ERISA applies to appro...

The police power and the regulation of medical practice: a historical review and guide for medical licensing board regulation of physicians in ERISA-qualified managed care organizations.

Independent medical review: expanding legal remedies to achieve managed care accountability.

Author Leatrice Berman-Sandler reports on independent medical review (IMR), a state-based statutory remedy used to resolve disputes over coverage between patients and their health plans. Ms. Berman-Sandler explores the connection between ERISA preemption and IMR, and opines that in light of recent Supreme Court decisions, the stage has been set for expansion of IMR. Accordingly, Ms. Berman-Sand...