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Managed care liability: what is the proper remedy?
1Thurm & Heller, LLP, New York, New York 10016, USA.
Neurologic Clinics
|April 10, 1999
Summary
Managed care liability is governed by state and federal regulations. Statutory reform is recommended to address objectionable practices by managed care organizations, protecting consumers and physicians.
Area of Science:
- Health Law
- Healthcare Policy
- Medical Regulation
Background:
- Managed care organizations (MCOs) operate under complex state and federal regulatory frameworks.
- Consumers and physicians face challenges due to MCO practices and behaviors.
- Existing statutes may not adequately address current managed care issues.
Purpose of the Study:
- To analyze current state and federal regulations concerning managed care liability.
- To identify and propose remedies for objectionable MCO practices.
- To explore potential statutory reforms for improved managed care oversight.
Main Methods:
- Review of existing state and federal statutes and regulations.
- Analysis of legal precedents and scholarly commentary on managed care liability.
- Discussion of proposed legislative and regulatory reforms.
Main Results:
- Current regulations present challenges for consumers and physicians interacting with MCOs.
- Significant statutory reform is identified as a primary solution.
- Alternative reform measures for MCO practices are also considered.
Conclusions:
- Substantive legislative changes are necessary to rectify issues in managed care.
- Reforms should aim to enhance consumer protection and physician rights.
- Ongoing evaluation of MCO practices and regulations is crucial.