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.

Question

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The statement says that the court held that ERISA "should not" preempt a liability claim against an HMO, meaning that such a claim is allowed to proceed. The liability claim in question is for malpractice of one of its primary care physicians, so the HMO would be subject to "vicarious" liability, meaning that it is held responsible for the actions of its employees. Therefore, the correct choice is D) Should not / vicarious.

In the Paragraph Below, a Statement Contains Two Pairs of Terms