06/09/01: Patients' Rights

[Freakapotimus]

Tuesday June 19 8:08 AM ET

Congress Debates Patients' Rights
By ANJETTA McQUEEN, Associated Press Writer

WASHINGTON (AP) - In a battle over patients' rights, Senate Democrats are trying to fashion a solution for the shortcomings of health plans while GOP leaders say drastic changes could cost consumers money and lead to lost medical coverage.

The Democrats' legislation allows patients to go into either state or federal court and seek damages for lost wages or medical bills, pain and suffering, or punitive damages against the HMO. Punitive damages in federal court would be limited to $5 million. Any other limits on damage awards would be governed by state law.

The rival GOP version backed by President Bush limits patients' suits to federal court. Even those generally could be filed only after a patient had exhausted an appeals process. Existing state laws permitting state suits would be preserved.

The opposing sides tested their arguments in television interviews Tuesday.

``We take away the special privileged status that HMOs have had for many years now,'' Sen. John Edwards, D-N.C., a backer of the Democratic version, said on NBC's ``Today.'' ``We just want the HMOs treated like all the rest of us - like every small business, and every large business in America.''

Edwards estimated the Democratic bill would cost employees an average of 37 cents a month more than would the other.

Sen. William Frist, R-Tenn., who backs the GOP plan, said on CBS' ``The Early Show'' that Edwards' bill would cost 45 percent more than his.

``The big difference is their bill allows employers to be sued,'' Frist said, adding that employers will drop insurance as a result. ``One hundred seventy million get their health insurance through employers and 1.2 million of those will lose their insurance because of this (Democratic) bill.''

Holding fast to what they consider a winning political issue, the Democratic majority is pushing a sweeping plan of protections for patients in HMOs.

``We have been debating this issue for the last five years,'' Sen. Edward Kennedy reminded colleagues Monday.

``This should be a bill about patients' health care and patients' needs and not a bill about just trying to find another way to file lawsuits,'' said Senate Republican Leader Trent Lott of Mississippi.

Senate Democrats, contending that health plans push patients around, will tell stories of wronged patients, offering larger-than-life size photos of their injuries due to a health plan's neglect. A live Web site will be manned by leaders who will repeat similar stories.

GOP leaders will argue that lawsuits won't help Americans. The moderates will try to bridge the gap with a compromise. Conservatives will look for official ways to block the debate: They need more time to review changes Democrats made to the bill over the weekend, they say.

The bill that the Democratic majority plans to call up for debate is backed by Edwards, Kennedy, D-Mass., and Sen. John McCain, R-Ariz., Bush's one-time presidential race opponent.

It would require health plans to provide patients with reasonable emergency visits, direct access to obstetricians, gynecologists, and other specialists, overnight hospital stays for mastectomies and payment of routine health care costs associated with clinical trials.

The rights would extend to 190 million Americans in health maintenance organizations and other health plans, the sponsors say.

The most serious controversy surrounds deals with the circumstances under which patients may sue their HMOs.

The version of the bill favored by Bush and most Republicans is sponsored by Sens. John Breaux, D-La., Jim Jeffords, I-Vt.,

Republican leaders could push that bill or try to change the Democrats' plan with measures such as tax breaks for people with medical bills or employers who provide insurance.

Democrats insist, however, they still have the support to beat back any challenge - including any threats of a Bush veto.

The White House has opposed the signature legislation of Democrats' new Senate reign, saying more patient suits will only drive up rates and force employers to drop coverage for their workers.

The White House called the $5 million limit on punitive jury awards in federal court a ``poison pill'' that would increase the number of uninsured Americans.

``The president does not want to turn our health care system over to the trial lawyers,'' said Bush spokesman Ari Fleischer. ``He does not think that's a way to keep health costs down, to keep health premiums at reasonable rates, so more people can afford health insurance.''

Karen Ignagni, who leads the HMO trade group American Association of Health Plans, said the bill ``promises to unleash a Pandora's box of liability that would leave no part of the health care system unaffected: consumers, doctors, hospitals, employers, and health plans are all at risk.''

Industry officials released several reports and analysis papers Monday, backing a range of arguments, that consumers are growing less interested in suing health plans; more employers would be open to patient lawsuits; and that about 18 million of the working poor could lose their coverage.

-

On the Net:

Democrats' live site: http://democrats.senate.gov/pbr/webcam.html

[HornedReaper]

At 6/19/01 10:38 AM, Freakapotimus wrote: Tuesday June 19 8:08 AM ET

Congress Debates Patients' Rights
By ANJETTA McQUEEN, Associated Press Writer

WASHINGTON (AP) - In a battle over patients' rights, Senate Democrats are trying to fashion a solution for the shortcomings of health plans while GOP leaders say drastic changes could cost consumers money and lead to lost medical coverage.

The Democrats' legislation allows patients to go into either state or federal court and seek damages for lost wages or medical bills, pain and suffering, or punitive damages against the HMO. Punitive damages in federal court would be limited to $5 million. Any other limits on damage awards would be governed by state law.

The rival GOP version backed by President Bush limits patients' suits to federal court. Even those generally could be filed only after a patient had exhausted an appeals process. Existing state laws permitting state suits would be preserved.

The opposing sides tested their arguments in television interviews Tuesday.

``We take away the special privileged status that HMOs have had for many years now,'' Sen. John Edwards, D-N.C., a backer of the Democratic version, said on NBC's ``Today.'' ``We just want the HMOs treated like all the rest of us - like every small business, and every large business in America.''

Edwards estimated the Democratic bill would cost employees an average of 37 cents a month more than would the other.

Sen. William Frist, R-Tenn., who backs the GOP plan, said on CBS' ``The Early Show'' that Edwards' bill would cost 45 percent more than his.

``The big difference is their bill allows employers to be sued,'' Frist said, adding that employers will drop insurance as a result. ``One hundred seventy million get their health insurance through employers and 1.2 million of those will lose their insurance because of this (Democratic) bill.''

Holding fast to what they consider a winning political issue, the Democratic majority is pushing a sweeping plan of protections for patients in HMOs.

``We have been debating this issue for the last five years,'' Sen. Edward Kennedy reminded colleagues Monday.

``This should be a bill about patients' health care and patients' needs and not a bill about just trying to find another way to file lawsuits,'' said Senate Republican Leader Trent Lott of Mississippi.

Senate Democrats, contending that health plans push patients around, will tell stories of wronged patients, offering larger-than-life size photos of their injuries due to a health plan's neglect. A live Web site will be manned by leaders who will repeat similar stories.

GOP leaders will argue that lawsuits won't help Americans. The moderates will try to bridge the gap with a compromise. Conservatives will look for official ways to block the debate: They need more time to review changes Democrats made to the bill over the weekend, they say.

The bill that the Democratic majority plans to call up for debate is backed by Edwards, Kennedy, D-Mass., and Sen. John McCain, R-Ariz., Bush's one-time presidential race opponent.

It would require health plans to provide patients with reasonable emergency visits, direct access to obstetricians, gynecologists, and other specialists, overnight hospital stays for mastectomies and payment of routine health care costs associated with clinical trials.

The rights would extend to 190 million Americans in health maintenance organizations and other health plans, the sponsors say.

The most serious controversy surrounds deals with the circumstances under which patients may sue their HMOs.

The version of the bill favored by Bush and most Republicans is sponsored by Sens. John Breaux, D-La., Jim Jeffords, I-Vt.,

Republican leaders could push that bill or try to change the Democrats' plan with measures such as tax breaks for people with medical bills or employers who provide insurance.

Democrats insist, however, they still have the support to beat back any challenge - including any threats of a Bush veto.

The White House has opposed the signature legislation of Democrats' new Senate reign, saying more patient suits will only drive up rates and force employers to drop coverage for their workers.

The White House called the $5 million limit on punitive jury awards in federal court a ``poison pill'' that would increase the number of uninsured Americans.

``The president does not want to turn our health care system over to the trial lawyers,'' said Bush spokesman Ari Fleischer. ``He does not think that's a way to keep health costs down, to keep health premiums at reasonable rates, so more people can afford health insurance.''

Karen Ignagni, who leads the HMO trade group American Association of Health Plans, said the bill ``promises to unleash a Pandora's box of liability that would leave no part of the health care system unaffected: consumers, doctors, hospitals, employers, and health plans are all at risk.''

Industry officials released several reports and analysis papers Monday, backing a range of arguments, that consumers are growing less interested in suing health plans; more employers would be open to patient lawsuits; and that about 18 million of the working poor could lose their coverage.

-

On the Net:

Democrats' live site: http://democrats.senate.gov/pbr/webcam.html

HMO's fucking suck!!!

[Freakapotimus]

1. Note: do not quote an entire message. Only quote the parts to which you are responding.

2. Follow-up report.

Thursday June 21 10:01 AM EDT

Stage Set for Patients' Rights Showdown
By Carter M. Yang ABCNEWS.com

Senate takes up patients' rights debate.

The Democratic-led Senate is set to open debate on a proposed patients' bill of rights today, setting the stage for a showdown with President Bush (news - web sites) who is threatening to veto the sweeping health-care reform legislation.

Democrats Ready for a 'Fight'

"If it comes down to siding with the HMO or siding with the patients, we're going to side with the patients," Senate Majority Leader Tom Daschle, D-S.D., told reporters on Capitol Hill Wednesday. "And if it means a fight, we'll have to have that fight."

But the president showed no signs of backing down from a fight over a Democratic proposal to give patients the right to sue their health maintenance organizations and insurance companies in state court — a plan he argued would unleash a wave of frivolous lawsuits and spiraling increases in health insurance premiums.

"We can provide meaningful remedies to patients without driving up the cost of health care or forcing employers to drop coverage," Bush said in a speech to the Summit on the 21st Century Workforce in Washington on Wednesday. "The idea is to serve more patients, not to create more lawsuits."

Meanwhile, angry Democrats took to the Senate floor to hammer Republicans for delaying a debate on the patients' rights bill — the Democrats' top legislative priority.

"It is long past time for Congress to act to end the abuses by the HMOs," said Sen. Edward Kennedy, D-Mass., who co-authored the plan with fellow Democrat John Edwards of North Carolina and Republican John McCain of Arizona. "Every day we delay this legislation, Americans are suffering."

Democratic leaders renewed their threat to keep the Senate working through weekends and even the planned Independence Day recess until their bill is approved.

"This issue has been studied, studied, studied, studied, studied, studied to death and it's time to take action," said Kennedy.

Republicans had been blocking Democrats from beginning work on the measure, but have relented. After a procedural vote this morning, the Senate is expected to formally begin debate on the so-called Bipartisan Patient Protection Act.

Making Matters Worse?

For a second straight day, Wednesday, Democrats told horror stories about ailing constituents being denied medical coverage by HMOs. They accused their colleagues across the aisle of succumbing to the demands of the managed health-care industry, which has waged an intense lobbying campaign aimed at scuttling the bill.

"Do we stand for protecting patients and their doctors or protecting insurance company profits?" Kennedy asked rhetorically.

But Republicans continued to decry the Democratic effort to ram through a bill they charged would swell the ranks of the uninsured.

"I know there's a real urge to say, 'We've debated it. Let's get it through. Let's pass it in a week,'" said Sen. Bill Frist, R- Tenn. "[But] remember: This is going to drive costs up markedly … and the higher you drive the costs, the higher those premiums, the higher the number of uninsured in this country."

Republican also suggested the Democrats' true motives are to line the pockets of trial lawyers — a major source of Democratic Party contributions.

"[This bill] is in fact a trial lawyer's dream," said Sen. Tim Hutchinson, R-Ark. "It is a 'trial lawyers' bill of rights.'"

Bush, Republicans Back Rival Plan

Senate Republicans are pushing a White House-backed alternative to the Democratic bill that would allow patients to sue only in federal court and shield employers from lawsuits. And while the Democratic proposal would allow patients to recover punitive damages of up to $5 million, the Republican bill would cap such awards at $500,000.

Both of the rival proposals would require patients to exhaust an appeals process consisting of an internal HMO review and an external independent review before filing lawsuits. But Republicans say the process laid out in the Democratic version contains a loophole that would allow people to easily bypass it and go directly to court.

"In any bill that receives my signature, patients will have the right to a fair and immediate review when medical care is denied," Bush said Wednesday. "The law should allow the review process to work, not short-circuit it by inviting unnecessary lawsuits."

White House press secretary Ari Fleischer told reporters that many of the provisions in the Democratic version, such as the right to sue in state court, amounted to a "poison pill" that would "stop a good bill from getting signed into law."

The Republican and Democratic versions each would establish a number of new protections for people enrolled in managed-care plans, such as a guaranteed right to emergency room services and access to medical specialists.

When debate over the Democratic bill begins today, Republicans will likely attempt to attach a series of amendments aimed at reshaping the legislation to resemble the GOP version.