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2003

Pace University

Advocacy

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Full-Text Articles in Law

Patient Advocacy And Termination From Managed Care Organizations: Do State Laws Protecting Health Care Professional Advocacy Make Any Difference?, Linda C. Fentiman Jan 2003

Patient Advocacy And Termination From Managed Care Organizations: Do State Laws Protecting Health Care Professional Advocacy Make Any Difference?, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This article will explore the history, implementation, and impact of state advocacy protection statutes. The article is in four major parts. The first Part provides an introduction to the concept of advocacy, both as it was understood at common law, and as it is presently interpreted by HCPs and MCOs. The article will also examine the phenomenon of HCPs' “deselection,” that is, the termination or non-renewal of their contracts with MCOs. In this context, the article will highlight the distinction between anecdote and data and emphasize the paucity of hard evidence to support either side's version of the truth about …