Under ERISA, states may not regulate health insurance if thatinsurance is provided as an “employee...

Under ERISA, states may not regulate health insurance if that insurance is provided as an “employee benefit.” True or False

Gross negligence involves an intentional or wanton omission of care. True or False

Medicare is a form of social insurance that benefits persons 65 and older and certain other persons with long term disabilities. True or False

When a Hospital is sued for the negligence of a nurse the hospital may be held liable under a theory of:

	Respondeat Superior
	Ostensible Agency
	Comparative Negligence
	Contributory Negligence
	None of the above, since the hospital is brick and mortar and incapable of practicing nursing.

Expert Solution

False, as under ERISA, states may regulate health insurance if that insurance is provided as an “employee benefit.” States may not regulate benefits plans for employees by deeming them to be involved in the insurance business.

True that gross negligence involves an intentional or wanton omission of care.

True that medicare is a form of social insurance that benefits persons 65 and older and certain other persons with long term disabilities.

Respondeat Superior is the theory under which the hospital may be held liable when Hospital is sued for the negligence of a nurse. Whether the hospital has direct control over the actions of the nurse, this employer-employee relationship exists.

keosha answered 2 years ago

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