Online NewsHour: Patients' Rights -- June 19, 2001



	COMPARING PATIENTS' RIGHTS

A comparison of two Senate bills that promote increased rights for patients enrolled in health maintenance organizations (HMOs).

S 872
Sponsored By:
Sen. John Edwards (D-N.C.)
Sen. Edward Kennedy (D-Mass.)
Sen. John McCain (R-Ariz.)
S 889
Sponsored By:
John Breaux (D-La.)
Sen. Bill Frist (R-Tenn.)
Sen. Jim Jeffords (I-Vt.)

Supported by
Most Democrats, some Republicans

President Bush has threatened veto
Some Republicans, Conservative Democrats, President Bush

Right to Sue in Federal Court Patients could sue, without limit, over non-medical issues like benefits, contracts and co-payments. Damages for "willful and wanton" misconduct would be capped at $5 million. Patients could sue for an unlimited amount of economic damages and a limit of $500,000 for noneconomic damages. Punitive damages not allowed.

Right to Sue in State Courts Patients could sue in state court over denial of coverage. States can set limits. State courts are thought to be easier to access, and often grant larger awards to defendents. Patients could sue in state courts if plan was found to be medically negligent.

Emergency Room Care Patients could go to the nearest hospital emergency room.

Specialists Women could see an obstetrician-gynecologist in their health plan without a referral or pre-authorization. Children could select a pediatrician in their plan as their primary care provider.

Program
Support
From:


		S 872 Sponsored By: Sen. John Edwards (D-N.C.) Sen. Edward Kennedy (D-Mass.) Sen. John McCain (R-Ariz.)	S 889 Sponsored By: John Breaux (D-La.) Sen. Bill Frist (R-Tenn.) Sen. Jim Jeffords (I-Vt.)

Supported by		Most Democrats, some Republicans President Bush has threatened veto	Some Republicans, Conservative Democrats, President Bush

Right to Sue in Federal Court		Patients could sue, without limit, over non-medical issues like benefits, contracts and co-payments. Damages for "willful and wanton" misconduct would be capped at $5 million.	Patients could sue for an unlimited amount of economic damages and a limit of $500,000 for noneconomic damages. Punitive damages not allowed.

Right to Sue in State Courts		Patients could sue in state court over denial of coverage. States can set limits. State courts are thought to be easier to access, and often grant larger awards to defendents.	Patients could sue in state courts if plan was found to be medically negligent.

Emergency Room Care	Patients could go to the nearest hospital emergency room.

Specialists	Women could see an obstetrician-gynecologist in their health plan without a referral or pre-authorization. Children could select a pediatrician in their plan as their primary care provider.