New remedies for 'without-cause' terminations

Article Abstract:

Several lawsuits have provided ammunition for health care providers who are terminated from a managed care organization. Most contracts between providers and managed care organizations contain a without-cause provision. This essentially means that the organization can terminate the provider without supplying a reason. Several physicians have sued their former employer and the courts agreed that the physician had the right to fair procedure in determining the cause of termination. These rulings occurred despite the fact that most of the organizations had a without-cause provision in their provider contracts.

Contracts, Managed care plans (Medical care), Employee dismissals, Employment terminations, Employment at will

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Patient rights, provider rights: balancing the conflict

Article Abstract:

Dentists will have to use professional judgement in deciding whether or not to treat an HIV-infected patient. A federal appeals court decision upholding an HIV-infected patient's right to treatment said the routine dental care of filling cavities was not a direct threat to the dentist's health or safety. The court recognized that the ruling might have been different had the procedure been more invasive. The normal safety precautions put forth by the ADA were held to be adequate.

Care and treatment, Dentists, HIV patients, Refusal to treat (Medicine)

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Some insurers must follow 'fair procedures' when terminating a provider, California court rules

Article Abstract:

In May, 2000, the California Supreme Court ruled that an insurance company must follow fair procedures when terminating a provider. This must be done even if the contract allowed termination without cause and particularly if the termination would adversely affect the provider's ability to practice medicine in a particular geographic area.

Insurance industry, Discharge of contracts

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