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| FOR IMMEDIATE RELEASE |
CONTACT: Kate Dwyer
|
| August 2, 2001 |
(202) 225-3031
|
HOUSE PASSES LANDMARK PATIENTS' RIGHTS LEGISLATION
WASHINGTON, D.C. – First District Congressman Paul Ryan today voted
in favor of H.R. 2563, the Bipartisan Patient Protection Act of 2001, which
passed the U.S. House of Representatives by a vote of 226-203. This
measure provides numerous patient protections to ensure timely access to
high quality health care for Americans with private health insurance coverage,
either through their employer or through the individual market.
"Tonight the House passed strong, enforceable legislation to protect
patients and allow them to hold their health plans accountable," Ryan said.
"This legislation guarantees patients important rights, and puts power
in the hands of patients and their doctors, instead of HMO bureaucrats
and trial lawyers."
"This bill makes progress on three critical fronts by focusing on quality,
accessibility, and affordability of health care," Ryan said. "It's a common-sense
compromise that improves the quality of care, while protecting employers
and guarding against a wave of excessive lawsuits that would boost the
cost of insurance and the number of uninsured."
Improving the Quality of Health Care
The measure that passed today improves the quality of Americans' health
care by providing patients the right to independent medical review for
denials of medical care by their health plan. It guarantees patients new
federal remedies to hold their health plans accountable when they have
been hurt by wrongful denial or delay of medical care. More specifically,
the legislation:
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Allows cases against employers to be removed to federal court by the defendant;
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Allows cases against health insurers to be heard in state court;
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Protects employers by allowing them to designate decision makers who will
have sole liability for benefit determinations;
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Ensures that patients must exhaust the independent medical review process
before seeking expanded damages in court;
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Allows patients to seek relief at any time for irreparable harm;
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Allows unlimited economic damages in both federal and state court;
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Limits non-economic damages (pain and suffering) at $1.5 million;
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Provides that punitive damages will be capped at $1.5 million and will
be available only where the designated decision maker fails to comply with
the independent medical reviewer's decision that the claim for benefits
should be granted; and
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Limits class action lawsuits under ERISA and RICO to participants in a
group health plan established by a single plan sponsor.
The legislation also improves the quality of health care by instituting
strong patient protections including:
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Access to emergency room and specialty care;
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Access to clinical trials;
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Direct access to pediatricians and ob-gyns;
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Continuity of care for those with ongoing health care needs;
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Access to important health plan information;
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Prohibition of "gag clauses" that prevent doctors from discussing certain
health care options with their patients.
Promoting Accessibility and Affordability of Health Care
While the Bipartisan Patient Protection Act of 2001 improves the quality
of patients' health care and enables them to hold HMOs accountable in court,
it also strives to make health care more accessible and affordable by:
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Establishing Association Health Plans (AHPs) to make it easier for small
businesses to offer health care coverage;
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Expanding Medical Savings Accounts (MSAs) to make health care coverage
more affordable.
Furthermore, the bill includes protections for employers who offer health
care coverage to their employees, to ensure that employers need not be
exposed to liability simply for offering health care coverage to their
workers. Without such protections, accessibility and affordability of health
care would suffer and there would likely be an increase in uninsured.
In addition, this bill discourages excessive lawsuits that would increase
health care costs, by first directing patients to an independent medical
review before they seek expanded damages in court.
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