On the recordAugust 2, 2001
here is what two law professors from New Jersey say: ``In preempting State law, the Norwood amendment goes beyond conduct that involves negligent medical judgment to a particular patient's case. The amendment may, by virtue of the words `based on,' stipulate that State malpractice law does not apply to any treatment decision made by a managed care organization, whether it be negligent, reckless, willful or wanton. ``For example, no State cause of action can be maintained against a designated decision-maker for his decision to discharge a patient early from a hospital even if the likely result of that discharge would be the patient's death. In short, all forms of vicarious liability under State law would be preempted under the Norwood amendment.''
Source
govinfo.gov
