title: Managed care and the judicial system: another avenue for reform?
abstract: Over the past several years the judiciary has become a major venue for challenging managed care. This article examines the present and potential effect of such litigation, focusing on the recent Supreme Court decision in Pegram v. Herdrich and class action litigation-filed under the Racketeer Influenced and Corrupt Organizations Act. The author concludes that although court-based reforms are a necessary and pragmatic response to managed care, they can result in only incremental changes. Litigation also cannot resolve the larger conflicts that result when a social welfare service such as health care is provided through a corporate model. Social workers need to look beyond the "next best" reform of managed care and advocate for more fundamental solutions to the inequities and inefficiencies in the provision of health care.
authors.affiliation: Wurzweiler School of Social Work, Yeshiva University, New York, NY 10033-3299, USA. Vickilens@aol.com
authors.forename: Vicki
authors.initials: V
authors.lastname: Lens
mesh_terms: D003254:Consumer Advocacy; D003362:Cost-Benefit Analysis; D003415:Crime / Q000331:legislation & jurisprudence; D003659:Decision Making, Organizational; D030881:Disclosure; D019461:Employee Retirement Income Security Act; D018166:Health Care Reform / Q000331:legislation & jurisprudence*; D006801:Humans; D007345:Insurance Claim Review; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence; D008329:Managed Care Programs / Q000191:economics / Q000331:legislation & jurisprudence* / Q000592:standards; D028681:Moral Obligations; D020380:Needs Assessment; D010816:Physician Incentive Plans; D012947:Social Work; D014481:United States