WASHINGTON, July 31 With House
Republican leaders eager to schedule a vote this week on a patients' bill of
rights, Congress and the White House haggled today over the biggest
unresolved question: the right of consumers to sue health insurance companies
and employers for treatment decisions that cause harm to patients.
The White House said it had made
significant progress in negotiations with Congress, but supporters of the
main bipartisan bill said major problems still had to be solved. Regardless
of whether there is an agreement, House Republican leaders said they expected
to take the issue to the House floor in the next few days, before Congress
adjourns for a monthlong summer recess.
President Bush visited the
Capitol today and discussed health care, education and energy legislation
over lunch with Senate Republicans. After the meeting, Mr. Bush said he had
narrowed the differences on patients' rights through negotiations in the last
week with Representative Charlie Norwood, the Georgia Republican who has been
leading a six- year effort to set strict federal standards for health
maintenance organizations and insurers.
"We're making
progress," Mr. Bush said. Referring to Mr. Norwood, the president said,
"I'm hopeful that he will shake the hand of accommodation that I put out
for him."
Ari Fleischer, the White House
press secretary, gave an upbeat assessment of the negotiations.
"I think that it's fair to
say that the nation is on the threshold of having a patients' bill of rights
that can be signed into law," Mr. Fleischer said. "There is some
additional work that does need to be done, but many of the differences that
remain are easily bridgeable if others who are working with Congressman
Norwood are interested in bridging those differences."
Mr. Norwood met today with the
seven leading supporters of his legislation, including three senators who
pushed a similar bill through the Senate in late June, despite a veto threat
from Mr. Bush. The group formulated an offer, which Mr. Norwood said he would
convey to the White House for review.
The legislation defines a wide
variety of rights for people with health insurance, guaranteeing access to
emergency care, medical specialists and clinical trials of new drugs. The
negotiations now focus almost exclusively on the major sticking point: the
right of patients to sue H.M.O.'s for injuries caused by the delay or denial
of care.
Employers who provide health
benefits to employees worry that they too will be named as defendants if Congress
makes it easier to sue H.M.O.'s and insurance companies.
Mr. Norwood and the co-sponsors
of his bill agreed to take steps to protect employers against lawsuits, but
they refused to provide similar protection to H.M.O.'s and insurers.
Under their proposal to the White
House, employers would be exposed to liability only if they directly
participated in decisions to deny care to patients. The small group of
companies that finance and administer their own health plans companies like
Caterpillar and Motorola would have an
extra protection: they could be sued only in federal court, not in state
courts, which are often viewed as more friendly to plaintiffs.
Representative Robert E. Andrews,
Democrat of New Jersey, said that under this proposal, lawsuits against
H.M.O.'s would be tried in state courts, under state tort law.
"The Bush administration
claims that its highest priority is the protection of employers," Mr.
Andrews said. "Our proposal should satisfy that concern."
Another sponsor of the bipartisan
bill, Representative Greg Ganske, Republican of Iowa, said, "We are
making a very significant step toward the White House on a major issue of
contention."
Sponsors of the Senate-passed
bill agreed. Senator John Edwards, Democrat of North Carolina, said, "We
have moved step by step toward the president." Senator Edward M. Kennedy
of Massachusetts, the Democrats' senior strategist on health care issues,
said, "Our proposal responds to the president's very legitimate
concerns, and it ought to be the basis of a sound compromise."
Mr. Norwood said: "I'm going
back to the White House to see if I can negotiate with them and bring the two
sides together. This is my last hope to make a deal."
Continuing to apply pressure on
the negotiators, the House majority leader, Dick Armey, Republican of Texas,
said, "I would expect a vote on that subject before we adjourn" at
the end of the week.
Mr. Norwood is the main channel
of communication between Congress and the White House on patients' rights.
That arrangement has frustrated some lawmakers.
Representative Marion Berry,
Democrat of Arkansas, a main co- sponsor of Mr. Norwood's bill, said:
"We need to talk to somebody who has the authority to do the deal. A
representative of the White House has got to be in the room with us."
Mr. Norwood assured his
co-sponsors that he was still solidly allied with them, that he wanted a
bipartisan agreement and that he would not cut a separate deal with the White
House.