Bush Opposes Litigation-Friendly 'Patient Rights' Bill

Bush Opposes Litigation-Friendly 'Patient Rights' Bill

NewsMax.com Wires
Thursday, Feb. 8, 2001

WASHINGTON (UPI) – President Bush weighed in Wednesday on the legislative wrangle over a "patients' bill of rights," sending to Congress a statement of principles that made clear that he opposes the $5 million damages cap proposed by Sens. John McCain, R-Ariz., and Edward M. Kennedy, D-Mass.

"I cannot support a plan that encourages unnecessary or frivolous litigation," Bush wrote. "Expensive litigation, and the resulting rise in health care costs, would only make it more difficult for Americans to afford health care coverage in the first place," the president said.

The act, introduced Tuesday, would allow states to develop their own patient protection laws, protect employers from lawsuits associated with health care policies they provide their workers and hold insurers accountable for damages.

Under the McCain-Kennedy proposal, patients could sue their health maintenance organization in state court. Federal suits would be allowed for a company violating the conditions of their health insurance contract, with damages capped at $5 million.

The administration, however, argues an excessively high cap on damages could encourage lawsuits, which would drive up health care insurance costs. It also said there were not enough protections in place for employers.

In his statement Wednesday, Bush said he believed patients should have the right to question the decision of insurers, and he would like to see it handled through an independent review system with a binding arbitration provision.

"As Governor of Texas, I worked with Democrats and Republicans to enact some of the strongest patient protection laws in this country," he wrote. "My goal now in seeking federal legislation is simple: I want to ensure that all patients receive needed medical care and that doctors are allowed to make medical decisions.

"I do not believe that any bill currently before the Congress meets all these principles. However, I applaud the efforts of members of both sides of the aisle who have stepped forward to address this issue. I believe we can work together to reach bipartisan agreement."

The patient protection plan enacted in Texas, which Bush has signaled he would like to model his own plan after, caps civil damages at $750,000. Bush also said he supported tort reform and elimination of gatekeepers, which require patients to obtain referrals before they can see a specialist.

The proposed legislation unveiled Tuesday was largely based on an earlier plan that had passed muster in the House but was rejected by the Senate for a more restrictive version, which was never passed into law.

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