Law Commons^™

Erisa Preemption Of Medical Malpractice Claims In Managed Care: Asserting A New Statutory Interpretation, Karla S. Bartholonew

Vanderbilt Law Review

Congress enacted the Employee Retirement Income Security Act of 1974 ("ERISA) to protect employee interests and ensure a uniform body of law for pension and benefit plans. The statute's expansive preemption clause and preclusion of extra-contractual damages have since been used to immunize Managed Care Organizations ("MCOs") from liability for patients injuries resulting from medical malpractice. Because plaintiffs with preempted claims may receive only the remedies provided for under ERISA-the right or benefit due under the plan-many injured patients have been left with no meaningful remedy.

"[N]ot a model of legislative drafting,"" the statute's broad preemption clause provides that state …

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley

Indiana Law Journal

No abstract provided.

"Employee Stock Ownership Plans: Uncertainties Plaguing The Duties Of The Esop Fiduciary With Respect To Voting And Defensive Esops", Gina Marie Agresta-Richardson

Akron Tax Journal

This article will examine two particular dilemmas that challenge ESOP fiduciaries: voting rights and the use of defensive ESOPs. First, this article will discuss the development of ESOPs and their general mechanics. Second, it will explore the creation of ERISA, including the policy behind the statutory scheme. It will then set forth ERISA fiduciary law, noting the interplay of ERISA fiduciary standards and trust law. Third, this article will address problems confronting the ESOP fiduciary, specifically, voting and tendering shares of ESOP stock and the effect of using an ESOP as an anti-takeover device. In doing so, this article will …

Current Legal Intervention Regarding Experimental Treatments Must Be Changed: An Analysis Of High Doses Of Chemotherapy With Autologous Bone Marrow Transplantation For Breast Cancer Patients, Emily Smayda

Journal of Law and Health

The specific analysis of HDC-ABMT will help the reader to realize that the medical procedures being dealt with by litigation are not necessarily wildly innovative. Insurance companies are hiding behind the guise of words such as "experimental" to avoid paying for treatments that are both feasible and needed. Further, HDC-ABMT being used for breast cancer patients, suggests a possible discriminatory aspect that cannot be reached with current legal intervention. This Note suggests ways of dealing with insurance coverage denial on a more direct level. Instead of being bogged down by contract language and ERISA preemption, proposals for national standards and …

Employee Benefits: Erisa Enhanced Benefit Claims And The Seventh Amendment: No Common Ground In The Tenth Circuit-- Adams V. Cyprus Amax Minerals Co., Amy Nixon

Oklahoma Law Review

No abstract provided.

Preemption: The Federal Employees Health Benefit Act(Fehba): Why The Oklahoma Supreme Court Was Wrong In Allowing State Claims In Kincade V. Group Health Services, Matthew P. Sallusti

Oklahoma Law Review

No abstract provided.

Cobra Continuation Coverage And The Plain Reading Of The Statute: Geissal V. Moore Medical Corporation , Judith C. Brostron

Journal of Law and Health

This Paper will discuss the relevant statutes, case law and the Supreme Court's opinion in Geissal v. Moore Medical Corp. It concludes that the Supreme Court correctly reversed the Eighth Circuit's opinion in Geissal by applying the plain meaning of the statute and rejecting the "significant gap" theory. James Geissal was entitled to COBRA continuation coverage even though his wife had preexisting group health insurance coverage. The Fifth, Eleventh and Eigth Circuits' significant gap theory is not supported by the plain meaning of the statute or Congress' intent. The employee should have the choice to elect COBRA or decide whether …

Erisa Preemption: Will The Elimination Of The Erisa Preemption Clause Help Or Harm America's Ability To Deal With Its Pending Health Care Crisis, Damon Henderson Taylor

Journal of Law and Health

This article explores the arguments surrounding the fate of the preemption clause and argues that Congress must work to preserve self-insured employers' accountability to its employees while concurrently retaining the services of self-insured employers in the health care business. Part II analyzes the federal government's relationship with the health care industry, concentrating selectively on four episodes of federal regulation which helped create the health care crisis that we encounter today - the Hill-Burton Act, the Congressional amendments to the Health Professions Educational Assistance Act, the advent of Medicare, and ERISA. Armed with this understanding, Congress's evaluation of health care issues, …