negligent provider selection

A key source of liability for a managed care organization (MCO), that arises from an MCO's negligence in selecting (or retaining) a healthcare provider who is deficient in delivering healthcare services, and such deficiency produces an injury. MCOs owe a duty to their subscribers to investigate the competence of its healthcare providers and to exclude those who pose a foreseeable risk of harm. Coverage for this exposure is afforded by a managed care liability insurance policy. Such claims have also been made against employers in which employees allege that the employer negligently selected a managed care organization or health insurer, under an employee benefit plan.


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