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In the paragraph below, a statement contains two pairs of terms enclosed in parentheses. Determine which term in each pair correctly completes the statement. Then select the answer choice containing the two terms that you have chosen.
In the case of Pacificare of Oklahoma, Inc. v. Burrage, the U.S. Court of Appeals for the Tenth Circuit considered whether ERISA preempts medical malpractice claims against health plans based on certain liability theories. In this case, the Tenth Circuit court held that ERISA (should / should not) preempt a liability claim against an HMO for the malpractice of one of its primary care physicians, and therefore the HMO was subject to a claim of (subordinated / vicarious) liability.
Suggested Answer: D
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8 comments · newest first
MA
Mammie
1 year ago
Definitely should not preempt, health plans need to be responsible.
AL
Alease
1 year ago
I thought it was subordinated liability. Interesting!
CL
Clorinda
1 year ago
Wait, vicarious liability? Isn't that a bit confusing?
BA
Bambi
1 year ago
Totally agree, it's about accountability!
SA
Sage
1 year ago
The court held ERISA should not preempt claims.
MI
Mireya
1 year ago
This question seems straightforward. I think I know the three correct answers, but I'll double-check the options to be sure.
ER
Ernestine
1 year ago
Ah, this is a good one. Vulnerability response is definitely a proactive process, so I'm confident A is the right answer. Gotta love those early remediation efforts!
SH
Sherman
1 year ago
Okay, let's see here. I remember from the course materials that the VMs need to be on the same hypervisor type, have identical resources, and have the same licenses. I think those are the key things to focus on.