National News Desk

Employers Who Make Medical Decisions May be Liable

Posted by Staff Writer
Friday, June 29, 2001 12:00 AM EST
Category: Major Medical
Tags: Medical Malpractice and Negligent Care, Managed Care and Insurance Companies, Bad Faith Claims

GOP leaders continue their attempts to alter the patients' bill of rights legislation currently being debated in the Nation's capital. While Republican leaders agree with Democrats on the merits of permitting lawsuits against health insurers, Republicans remain concerned that the legislation as currently written may increase costs and liability risks, leading employers to curtail insurance benefits to employees.

Republicans are concerned that some injured policyholders will sue employers in addition to insurance companies. Republicans claim that the threat of such suits will lead many employers to drop insurance benefits for their employees altogether, further adding to the ranks of the 43 million Americans currently without any form of health insurance.

In an important compromise, Democrats agreed yesterday to protect employers who delegate all medical care decisions to an independent third party, such as an insurer. In such a scenario, the insurer would be held solely responsible for the medical decision, not the employer. In other words, only those employers who actively participate in the medical decision making process may be sued.


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