Texas Case Tests Whether HMOs Can Be Sued

MANAGED CARE November 1998. ©1998 Stezzi Communications

The family of a Texas man who died after drinking antifreeze during a bout with depression has sued NYLCare Health Plans in the first test of a Texas law allowing residents to sue their HMOs.

According to a lawyer for the family, NYLCare's behavioral health carveout contractor, Merit Behavioral Health, told a hospital to discharge the man over his physician's objections. The incident occurred a day later. NYLCare says it was not involved in the decision and intends to fight the case.