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May 26, 2009

Rep. Susan Davis Introduces Second Medical Opinion Bill

WASHINGTON – Congresswoman Susan Davis (D-Calif.) introduced legislation to ensure second opinions for patients enrolled in health plans.  The Right to a Second Medical Opinion Act (H.R. 2457) will allow patients to more easily access a second opinion when they face a serious medical procedure or when an illness accelerates.

“We know that a second opinion can save a life or prevent an unnecessary and possibly risky procedure,” said Davis.  “This bill is about giving people options and ensuring that they have access to as much information as possible to make an informed decision about their health care needs.  I believe the time has come to make access to second opinions a national standard.”

The bill defines five conditions under which patients are entitled to receive a second opinion:

• If a patient questions the rationality or necessity of recommended surgical procedures.

• If a patient doubts a diagnosis or treatment plan because it could lead to the loss of life, limb, bodily function, or a serious chronic condition.

• If a diagnosis is in doubt due to conflicting test results, or the treating doctor is unable to diagnose the condition, or the clinical indications are complex, unclear, or confusing.

•  If the treatment plan in progress is not improving the medical condition of the patient.

•  If the patient has attempted to follow the treatment plan, but has serious concerns about the diagnosis or treatment plan.

Many health care providers see the value in such requests and provide patients with a second opinion.  Besides giving patients much needed peace of mind, second opinions can benefit health plans by reducing the number of invasive procedures and result in better patient care through increased dialogue about treatment options.

The legislation is endorsed by the National Patient Advocate Foundation and other patient advocacy groups.

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