Patients' rights in managed care - exit, voice, and choice

Article Abstract:

States must provide their residents with an effective and timely dispute resolution mechanism in the event that a patient is denied medical care. Medicare beneficiaries can simply switch to another doctor, but this is hard for most employed people whose employer chooses their health plan. Two court cases reveal that judges are very sensitive to this issue. Many managed care organizations do not have effective grievance procedures and it is not in their financial interest to provide them. But such a service could be provided by consumer groups, the state consumer protection agency or state attorneys general.

Cases, Services, Managed care plans (Medical care), Refusal to treat (Medicine), Dispute resolution (Law)

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Unlimited human autonomy - a cultural bias?

Article Abstract:

The Western emphasis on human autonomy and civil rights is not shared by other countries. In Israel in 1993, the Supreme Court ruled against euthanasia and physician-assisted suicide even if the patient requested it. This was followed by a bill passed by the Israeli legislature in 1996 that permits patients to be treated against their will. This was enforced when a judge ordered political prisoners on a hunger strike to be force-fed. Israeli law is influenced by the Jewish faith, which places more value on human life than civil rights.

Israel, Ethical aspects, Medical care decision-making authority (Law), Medical care decision making authority (Law), Autonomy (Philosophy)

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The Supreme Court's limitation of managed-care liability

Article Abstract:

The U.S. Supreme Court effectively immunized managed \-care organization (MCOs) for liability for negligent decisions about the care of patients in private employer-sponsored health plans in combined cases of Davila and Calad. These cases demonstrate why Employment Retirement Income Security Act was not well suited to protecting patients or their health benefits.

United States, Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Health Regulation, Medical law

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