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Erisa's Quantity Vs. Quality Doctrine: The Eighth Circuit Limits Recovery Against An Hmo By Completely Preempting State Law, Jeremy P. Brummond
Erisa's Quantity Vs. Quality Doctrine: The Eighth Circuit Limits Recovery Against An Hmo By Completely Preempting State Law, Jeremy P. Brummond
Missouri Law Review
Health Maintenance Organizations ("HMOs") were developed to facilitate the provision of effective care at low prices to plan members. To attain this purpose, HMOs have been required to act as both providers who administer care and gatekeepers who can deny access to care.3 The Employee Retirement Income Security Act ("ERISA"), praised as "the greatest development in the life of the American Worker since Social Security,"4 regulates plans administered by IMOs. Congress has stated explicitly that ERISA was enacted to promote the interests of employees and their beneficiaries in employee benefit plans.5 In drafting ERISA, Congress sought to protect plan beneficiaries …
Coverage Denials In Erisa Plans: Assessing The Federal Legislative Solution, Karen A. Jordan
Coverage Denials In Erisa Plans: Assessing The Federal Legislative Solution, Karen A. Jordan
Missouri Law Review
Whether patients who obtain their health coverage through private employment ought to be able to sue managed care plans for injuries resulting from coverage denials has been a significant health policy issue for years. The debate became more intense as recent judgments against major managed care plans highlighted the inequity caused by the preemption provisions in federal employment law