Restricting the corporate practice of medicine: subverting ERISA to hold managed care organizations accountable for health care treatment decisions - the Texas initiative
Article Abstract:
Texas' Health Care Liability Act (HCLA) permits state medical malpractice claims to be made against managed care organizations (MCOs) under exceptions to ERISA preemption. By doing so, MCOs can be held accountable for treatment decisions made not on sound medical judgment but based on costs and thus provide remedy for medical malpractice victims. ERISA's effects on health insurance benefits and MCO exemptions are discussed in relation to HCLA.
Publication Name: Delaware Journal of Corporate Law
Subject: Law
ISSN: 0364-9490
Year: 1998
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Path dependent inefficiency in the corporate contract: the uncertain case with less certain implications
Article Abstract:
An analysis of path dependence as a normative basis for corporate contracts indicates little likelihood of it achieving remediable suboptimality. For some contracts with unique properties, path dependence might be appropriate, but not generally. Further analysis of cases involving contracts indicates that courts can do little to encourage contract efficiency.
Publication Name: Delaware Journal of Corporate Law
Subject: Law
ISSN: 0364-9490
Year: 1998
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ABA task force misses the mark: attorneys should not be discouraged from serving on their corporate clients' board of directors
Article Abstract:
The ethical advisability of attorneys serving on the boards of directors of their corporate clients is discussed. The ABA Section of Litigation task force examining this issue concluded that attorneys should not be barred or discouraged from serving in this dual capacity.
Publication Name: Delaware Journal of Corporate Law
Subject: Law
ISSN: 0364-9490
Year: 2000
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