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Full-Text Articles in Law
Managed Competition Theory As A Basis For Health Care Reform, Catherine T. Dunlay, Peter A. Pavarini
Managed Competition Theory As A Basis For Health Care Reform, Catherine T. Dunlay, Peter A. Pavarini
Akron Law Review
[T]his article will seek to explain the fundamental principles of managed competition and the basic features of reform based on managed competition. It will also examine some of the criticisms of managed competition and the practical and legal impediments that will be faced in seeking to reform the health care industry based upon managed competition theory.
Are We Protected From Hmo Negligence?: An Examination Of Ohio Law, Erisa Preemption, And Legislative Initiatives, Amy K. Fehn
Are We Protected From Hmo Negligence?: An Examination Of Ohio Law, Erisa Preemption, And Legislative Initiatives, Amy K. Fehn
Akron Law Review
This comment discusses the various theories of HMO liability that are emerging in other jurisdictions as well as the extent to which current Ohio law bars several of these theories. In addition, this comment also discusses ERISA's preemption of state laws related to HMO liability. Finally, this comment analyzes legislative initiatives and other forms of regulation aimed at protecting consumers from HMO abuses .
Managed Care Organizations Manage To Escape Liability: Why Issues Of Quantity Vs. Quality Lead To Erisa's Inequitable Preemption Of Claims, Patricia Mullen Ochmann
Managed Care Organizations Manage To Escape Liability: Why Issues Of Quantity Vs. Quality Lead To Erisa's Inequitable Preemption Of Claims, Patricia Mullen Ochmann
Akron Law Review
In evaluating patients’ potential legal remedies, this Comment explores 1) the emergence of managed care organizations in the United States; 2) the creation of the Employee Retirement Income Security Act of 1974 (“ERISA”) and how it impacts patients’ claims against their MCOs; 3) the question of “quantity” versus “quality” in evaluating whether ERISA preemption exists; 4) three theories (direct liability, breach of fiduciary duty, and vicarious liability) used to hold MCOs liable for injuries resulting from malpractice or the wrongful denial of benefits; 5) state legislative attempts to circumvent ERISA’s inequitable preemption of claims; and 6) why, given ERISA’s failure …