ASHINGTON,
Aug. 2 The House of Representatives passed a bill tonight that would create
federal rights for millions of Americans in managed health care plans, after
revising the legislation to limit lawsuits against insurance companies.
In approving the legislation by a vote of 226 to 203, the House handed an
important political victory to President Bush, who had argued that earlier
versions of the bill would encourage frivolous lawsuits.
Under the legislation, health insurance plans must provide patients prompt
access to medical specialists, must allow women to visit obstetricians and
gynecologists without a referral and must permit patients to obtain emergency
care at the nearest hospital, even if it is not affiliated with a specific
health plan.
The vote tonight followed a long, tumultuous debate in which Democrats
denounced the legislation as a sham, providing less protection to patients
than to health insurance companies. It was the third time in four years that
the House had passed legislation to define patients' rights. Earlier bills
died. Shortly after the vote the House recessed until Sept. 6.
No Republicans voted against the bill tonight, and only five Democrats
voted for it.
At the heart of the latest bill is a compromise negotiated by the White
House and Representative Charlie Norwood, the leader of a six-year campaign
for patients' rights, who unexpectedly made a deal with Mr. Bush this week.
"This is a real victory for American patients," Mr. Norwood
said. "We not only passed a bill tonight, we passed a bill that the president
has agreed to sign into law."
Under the bill, patients could enforce their rights by suing H.M.O's in
state court for medical decisions. But there would be limits on damages,
including one of $1.5 million in punitive damages and another of $1.5 million
for pain and suffering. Damages for economic losses if medical decisions were
made improperly would be unlimited.
Mr. Bush welcomed the final vote, saying it "brings us an important
step closer to ensuring that patients get the care they need and that
H.M.O.'s are held accountable."
Mr. Bush had wanted to limit suits to federal court, where damages are
often lower than in state court. Mr. Norwood had wanted higher ceilings on
damages.
Before voting on final passage of the bill, the House approved the Bush-Norwood
proposal as an amendment by a vote of 218 to 213. The tally seesawed, and the
two sides were tied for a few suspenseful moments before the result was
announced.
This vote also generally followed party lines. Three Democrats joined 214 Republicans
and 1 independent in supporting the Bush-Norwood plan. Six Republicans joined
206 Democrats and 1 independent in opposing it.
In today's debate, Democrats criticized the compromise, saying it would
cripple the enforcement of patients' rights. But Republicans hailed the
agreement as a victory for consumers and common sense over trial lawyers, and
they said it would inoculate Republicans against political attacks on the
issue.
Mr. Bush praised Mr. Norwood, a Georgia Republican, as "realistic and
reasonable." But the Senate Democratic leader, Tom Daschle of South
Dakota, and the House Democratic leader, Richard A. Gephardt of Missouri,
were among the members of their party who said they had been betrayed by Mr.
Norwood, their former ally. They denounced Mr. Norwood and the deal he struck
with Mr. Bush to limit lawsuits against insurers and health maintenance
organizations.
Today's House vote sets the stage for negotiations with the Senate, which
passed a similar bill in late June by a vote of 59 to 36. Patient protections
in the two bills are nearly identical, but the means of enforcing those
rights are different.
Under both bills, people with insurance are guaranteed access to clinical
trials of new drugs and an independent medical review of decisions denying
claims for health benefits. The Senate bill gives patients a much more
extensive right to sue health plans for injuries caused by the denial of
care. The only limits on suits in the Senate bill are those provided under
current state laws.
Mr. Bush threatened to veto the Senate measure, saying it would permit a
flood of lawsuits that would drive up insurance costs and increase the number
of people without coverage.
Negotiations between the House and the Senate will probably be difficult.
"We are not going to give up or give in," said Senator Edward M.
Kennedy, Democrat of Massachusetts.
Senate Democrats want higher limits on damages than the House bill
provides.
Democrats, believing that voters tend to trust them on health care issues,
say they can hold out for concessions. Republicans may feel more pressure to
make such concessions as the campaign season heats up next year. But
Democrats also run a risk. Republicans could portray them as obstructing
progress on the issue if the conference committee reaches an impasse, as
similar negotiations did last year.
Negotiators from the House and Senate will come under immense pressure
from consumer advocates, doctors, insurers and employers lobbying for or
against the bill or some of its specific provisions.
The Bush-Norwood compromise is embodied in an amendment to the original
patients' bill of rights. Critics said the compromise would override many
state laws and state court decisions that provided greater protection to
patients.
Representative John D. Dingell of Michigan, the chief Democratic sponsor
of Mr. Norwood's original bill, said: "The president and Mr. Norwood
propose creating a new federal law that applies to state courts just for
H.M.O.'s. Under this proposal, H.M.O.'s retain a very special status and
cannot be held accountable for their negligent and harmful actions in the
same way your doctor or hospital is."
Representative Greg Ganske, the Iowa Republican who was chief House
sponsor of the Norwood bill this year, said: "Charlie was freelancing.
He did not have our authorization. This was Charlie's own deal with the White
House."
Continued
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August 3, 2001
Measure Defining Patients' Rights Passes House
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Paul Hosefros/The New York
Times
Representatives Greg Ganske of Iowa, a
Republican, and Marion Berry of Arkansas and John D. Dingell of Michigan,
Democrats, stuck with their original patients' rights bill on Thursday
rather than back a compromise.
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In Depth
Politics:
Congress
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News
Analysis: Bush Has a Winning Streak, at Least in House (August 3,
2001)
How Norwood
Shifted Position and Took a Majority With Him (August 3, 2001)
Coming to
Terms on Differing Bills (August 3, 2001)
Crossover
Voters on Patients' Rights (August 3, 2001)
Roll Call
on House Patients' Rights Bill (August 3, 2001)
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(Page 2 of 2)
Mr. Norwood said it was ridiculous for people to suggest that his bill
had been written by insurance companies. "The insurance industry can't
stand me," he said. "They have had me on their dartboard for
years."
Under the compromise, patients could sue health insurance plans in state
court for injuries caused by the denial of care. But most aspects of the
litigation would be controlled by federal law and the amount of damages
would be limited by federal law.
Mr. Dingell said this arrangement "wipes out state laws like those
already in effect in California, Texas and New Jersey."
The American Medical Association, a strong supporter of the original
patients' bill of rights, said the compromise would override the laws of 10
states that allow injured patients to hold H.M.O.'s accountable in state
court. The states are Arizona, California, Georgia, Louisiana, Maine, New
Jersey, Oklahoma, Texas, Washington and West Virginia.
Representative Marge Roukema, a New Jersey Republican who supported Mr.
Norwood's original bill, arrived at the Capitol today with an open mind,
saying she wanted to evaluate the compromise he had negotiated with the
White House. Several hours later, she decided to vote against the
compromise.
"This is absolutely an atrocity for New Jersey," Mrs. Roukema
said of Mr. Norwood's latest proposal on H.M.O. liability. "It would
deprive New Jersey patients and doctors of protections that have existed
for several years and were just strengthened in the last few weeks."
Mr. Norwood said, "I am not completely satisfied with the provision
in our bill that protects state law." He promised that in negotiations
with the Senate, he would try to clarify that provision of his bill, which
is meant to protect state laws regulating the quality of medical care.
In recent years, some courts have allowed patients to sue H.M.O.'s, but
John E. Stone, a spokesman for Mr. Norwood, said the outcome of such
lawsuits was always in doubt.
"You may win, you may not," Mr. Stone said, depending on the
judge and the legal theories used by the plaintiffs' lawyers.
Texas Democrats like Representatives Lloyd Doggett and Jim Turner were
particularly annoyed at the compromise.
"Mr. Bush now seeks to override the effective state guarantees that
we got enacted over his objections in Texas," Mr. Doggett said.
Democrats complained that the Norwood proposal would give H.M.O.'s an
unfair advantage in court. It would, they said, establish a legal
presumption in favor of H.M.O.'s when they prevail in administrative
appeals to independent medical experts but it would not give consumers the
same presumption if they prevailed.
Mr. Gephardt captured the flavor of all the Democratic criticism,
saying: "This bill is better for H.M.O.'s than for patients. It ought
to be called the H.M.O. bill of rights. For the first time in the history
of this country, we will have a federal tort law that applies to
malpractice and injuries caused by H.M.O.'s and insurance companies."
In many cases, Mr. Gephardt said, the new limits on damages $1.5
million for pain and suffering, $1.5 million for punitive damages
"will be less than what you would get if you were under state
law."
Before adopting the Norwood compromise, the House approved an amendment
intended to help people obtain health insurance. The proposal approved by a
vote of 236 to 194 would expand access to tax-free savings accounts used to
pay medical expenses and would make it easier for small employers to band
together and buy health insurance.
Republicans said Mr. Bush had gone a long way toward protecting
Republican candidates against political attacks on the issue of patients'
rights. Democrats agreed, with Representative Barney Frank of Massachusetts
saying that "Mr. Bush has substantially reduced the risk" to
himself and other Republicans.
Business groups and insurers criticized the deal. They said it was
better than the original Norwood bill, but would still allow far too many
lawsuits against health plans and employers that provide health benefits to
their employees.
Representative John A. Boehner, Republican of Ohio, said, "The
president deserves a lot of credit for ending partisan gridlock on this
issue." Despite all the Democratic criticism, Mr. Boehner said, the
bill "goes far beyond what we have in law today."
The White House took pains to emphasize that Mr. Bush had been actively
engaged in the fight for patients' rights legislation.
Still, Representative Benjamin L. Cardin, Democrat of Maryland, said:
"This is not a compromise. It's a victory for those who oppose a
patients' bill of rights. We provide protections, but there's no
enforcement, so H.M.O.'s can continue to deny reimbursement without any
fear of repercussions."
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