To: ecommerceman who wrote (1736 ) 2/9/2001 10:22:47 PM From: Mephisto Respond to of 93284 Bipartisanship on Patients' Rights February 9, 2001 George W. Bush pledged on the campaign trail to bring Democrats and Republicans together on behalf of a patients' bill of rights. But his failure now to back the sensible bipartisan bill being sponsored by John McCain, John Edwards and others in Congress calls into question the sincerity of his pledge. The legislation, which sponsors say is supported by solid majorities in both chambers, would make it easier for Americans to resolve disputes with their health maintenance organizations and other insurance providers and to seek redress when they have been wrongly denied needed treatment. The House passed a similar bill in the last session, but the effort died in the Senate, strongly opposed by the insurance industry. The bill, called the Patient Protection Act, covers the 160 million Americans who have private health insurance and establishes guidelines for H.M.O.'s and other insurance providers to process requests for coverage. It would grant the insured a right to receive emergency care, visit pediatricians, ob-gyns and other specialists and obtain an outside review by medical experts of any benefit denials. Patients dissatisfied with the outcome of this review could sue their health insurance providers in state court in cases that entail a "medically reviewable" claim. These suits would be subject to any applicable damage caps under state law. Contractual claims against an H.M.O. would have to be brought in federal court and face a $5 million cap. This is a sensible jurisdictional division, reflecting the fact that states have traditionally entertained medical malpractice suits. The Bush administration supports the right to sue in theory, but would like to steer all lawsuits under a patients' bill of rights, whether medical or contractual, to the more defendant-friendly federal courts and impose a lower damages claim. This is an unworkable position that would unnecessarily federalize a whole new area of the law. The White House seemed surprised and a bit riled that Senator McCain would upset the carefully orchestrated theme-of-the-week presidential agenda by jumping ahead to patients' rights during tax- cut week. In fact, that bill is not much different from the Texas law that Mr. Bush lauded on the campaign trail, albeit with a higher cap on punitive damages. On Monday, in another sign that its actions have been less bipartisan than its rhetoric, the administration persuaded Representative Charlie Norwood, a Georgia Republican and the prime sponsor of the bill that passed the House last session, not to sponsor this legislation in the House. Though the congressman remains a supporter of the McCain- Edwards bill, he says he now believes the president ought to be afforded an opportunity to develop his own proposal. But if Mr. Bush is to be a successful president, he must learn to support Congress when it moves in a bipartisan fashion to address a pressing national need, as it seeks to do with this patients' bill of rights. From: The New York Times nytimes.com