Comparison of State Managed Care Liability Laws

Since Texas enacted the first law explicitly authorizing suits by enrollees in health plans offered by managed care organizations (MCOs) and other insurers, several other states have adopted similar legislation. This report, prepared by Patricia Butler, J.D., Dr.Ph., for the Kaiser Family Foundation, briefly describes the key features of these state laws, legal challenges that have been raised to some of them, and early experiences in states whose laws are in effect. The key features of the laws in eight states are outlined in a table that accompanies this report. Updated August 2001.