Pegram's Regress: A Missed Chance for Sensible Judicial Review of Managed Care Decisions
Posted: 19 Feb 2002
Abstract
This article argues that a proper interpretation of ERISA places fiduciary duties at the heart of its framework for judicial review, and that Pegram was therefore wrongly decided. The article also discusses the negative implications of Pegram. Essentially, the Supreme Court missed an opportunity to enable the use of ERISA to resolve managed care's serious allocative tradeoffs using the fiduciary-duty model of the kind the article proposes. Finally the article considers what, if anything, can be done after Pegram to maintain a balanced and significant role for the government, specifically the courts, in overseeing MCOs' decisions.
Suggested Citation: Suggested Citation
Cahill, Michael T. and Jacobson, Peter D., Pegram's Regress: A Missed Chance for Sensible Judicial Review of Managed Care Decisions. American Journal of Law & Medicine, Vol. 27, No. 4, Available at SSRN: https://ssrn.com/abstract=301181
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.