Additionally the law 1 creates an explicit new legal claim that managed care plan participants can use as the basis of a lawsuit the assertion that the plan failed to use ordinary care when making health care decisions and 2 holds the plan liable for any damages for harm to an enrollee proximately caused by the plans failure to exercise ordinary care. Managed care entities face numerous liability issues in todays changing healthcare environment this article provides the plaintiff with a comprehensive road map for navigating the many avenues of managed care liability the author describes erisa preemption provisions and suggests ways plaintiffs attorneys can strive to narrow the preemption. Managed care law and liability sander marc rabin home worldcat home about worldcat help search search for library items search for lists search for contacts search for a library create lists bibliographies and reviews or search worldcat find items in libraries near you . 642 georgia state university law review vol 19641 with a managed care plan is that she simply must ration care the liability standards applied to physicians have largely remained unchanged despite the drastic change in the role of the third party payer in the physician patient relationship courts continue to rely on
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