A health-care organization's ability to exclude a physician from a managed-care plan based on a disability is prohibited by the Americans with Disabilities Act
Article Abstract:
Managed-care organization hiring cannot cannot discriminate on the basis of disability, and suits by disabled physicians against managed-care organizations based on the Americans with Disabilities Act of 1990 (ADA) can be expected. Although the full dimensions of the statute's reasonable accommodation provisions have not been explored, the courts have not tolerated danger to patient safety. Substance-abusing physicians enjoy considerable protection from the statute. Protective strategies for the employer are listed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Federal courts, finding inadequate documentation of welfare plans or failure to follow ERISA's requirements, hold employers liable for unexpected coverage
Article Abstract:
Many companies pay inadequate attention to how the document, communicate, and operate their welfare benefit plans even though they often suffer expensive court judgments for inadequacy in these areas. Firms should identify the definitive plan document, whether it is a summary plan description, the policy contract, or some other plan document. They should establish clear procedures for changing these, and make sure those who communicate with employees are appraised of pending changes.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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