What we do in our bill is to basically leave that up to the States. So it would be up to the State. If the State decides that they think that the HMO or the managed care organization should be liable in the circumstance, then they can. So we are not actually dictating to the States what they do in that respect, but we are leaving it up to States to make that decision. Right now, there is no liability under Federal law.
Frank Pallone: “What we do in our bill is to basically leave that up to the States. So it would be up to the State. If the State decides…”
Editor's note · Context
Discussing state liability in relation to HMOs and managed care organizations.
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