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State's Patient Protection Law Weakened

 
 
Reply Mon 21 Jun, 2004 11:52 am
The US Supreme Court handed down decisions in four cases Monday.
Here's the one, which interested me most:

In Aetna Health Inc. v. Davila (case backgrounder HERE), the Court held that the Employment Retirement Income Security Act prevents individuals from filing state malpractice or negligence lawsuits against their HMOs when the HMO refuses to pay for recommended treatment.

Cornell's Legal Information Institute has posted today's opinion per Justice Thomas, along with Justice Ginsburg's concurrence:
Opinion per Justice Thomas
Justice Ginsburg's concurrence

Quote:
HMOs Win Supreme Court Malpractice Case
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