New Developments in ERISA Preemption and Judicial Oversight of Managed Care
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Ayling, Corey J.
INTRODUCTION|In 1929, managed care began as a socialist experiment for providing low-cost medical care to poor workers in Elk City, Oklahoma and Los Angeles. By 1998, managed care has become the device of choice for using the marketplace and the profit motive to control medical costs that have escalated to one-seventh of the GNP. Congress and state legislatures have enacted legislation that has encouraged this remarkable evolution. The judiciary has supported the growth of managed care through a policy of benign neglect. Now that managed care has moved from the socialist fringe to the norm of American medicine, courts are increasingly troubled by neglecting what was once a quaint and occult form of medicine. The abuses of unchecked power have compelled courts to begin to hold managed care institutions to account...
31 Creighton L. Rev. 403 (1997-1998)
Creighton University School of Law