Patients' rights bill moves to House, faces veto threat

The AMA and other physician groups will fight for a House bill similar to one passed in the Senate but opposed by President Bush.

By Amy Snow Landa, AMNews staff. July 23, 2001.

Washington -- In what the physician community views as an important victory, the Senate passed a far-reaching patients' rights measure in late June despite White House opposition.

"This is a huge victory for patients and a firm rejection of the HMOs' propaganda campaign," said Thomas R. Reardon, MD, past president of the AMA, which supports the bill. "The bipartisan Senate bill is the gold standard" for patient protections, he said.

Sponsored by Sens. John McCain (R, Ariz.) and John Edwards (D, N.C.), the measure would give Americans enrolled in managed care plans new federal guarantees regarding insurance coverage and would expand the right to sue plans that delay or deny necessary medical treatment.

But while Senate approval moves the patients' bill of rights a step closer to becoming law, there are still major hurdles to overcome, including opposition from House Republican leaders and the threat of a presidential veto.

While President Bush has said he wants to sign a patients' bill of rights this year, he said he would not sign the McCain-Edwards bill if it reached his desk without significant changes in its liability provisions. Bush said he did not want to sign a measure that would encourage "frivolous lawsuits" and drive up insurance premiums.

The McCain-Edwards bill would allow patients to sue their health plans in state court for medical malpractice for damage awards, subject to any state caps. Patients could sue in federal court over contract issues for uncapped economic and noneconomic damages and "civil penalties" up to $5 million. [...]