Schlier v. Kaiser Hosp. Community of interest Common Purpose Joint control or right of control joint proprietary interest right to share in the profits duty to share in the losses. The HMO contracts to provide a patient with medical care. It can't escape that duty by delegating it to an independent contractor or anyone else. Degree of HMO control is irrelevant.
Many states have statutes requiring HMOs to provide medical care to their members.
These duties should be non-delegable, like other statutory duties, but there is no case directly on point as yet. 2d of Torts s.