Senate passes limited 'Bill of Rights' for patients

From CNN Capitol Hill producer Dana Bash

WASHINGTON (CNN) - After eight months of House and Senate negotiations over managed care reform, Senate Republicans Thursday passed a limited "patients' bill of rights."

Unlike the measure passed last year, the bill gives patients a restricted right to sue insurance companies. But Democrats dismissed the measure as an election year sham.

Under this bill, patients can sue an insurance company if an independent reviewer approves. Unlimited economic damages coul dbe requested, but there would be a cap in compensatory damages of $350,000.

The legislation, which passed 51-47, includes some of the compromises negotiators have achieved in months of closed-door talks.

But it is an acknowledgement that any chance for bipartisan managed care reform this election year is effectively gone.

Aides to Senate Majority Whip Don Nickles (R-Okla.), the lead Senate GOP negotiator, say this vote gives "political cover" to vulnerable incumbent Republicans getting hit at home with advertisements hammering them for not supporting a right to sue insurance companies.

Nickles accused Democrats of obstructing negotiations because they would rather have an issue for the November elections than a bill signed into law.

"I regret that our colleagues on the Democratic side of the aisle have decided to once again try to turn an issue, an important issue, the patient's bill of rights, into political theater," said Nickles.

A spokesman for House Speaker Dennis Hastert (R-Ill.), who is working with a majority that supports a more comprehensive Democratic approach, called the Senate vote a good first step, "but they need to come a little bit further to get this passed."

The leading House Republican voice on managed care reform, Rep. Charles Norwood, a dentist, called the new Senate-backed legislation unacceptable.

"We will not support any bill that does not allow patients to choose their own doctor, that does not protect all Americans, and that does not hold the insurance industry accountable for its decisions," said Nor wood in a written statement.

"It doesn't matter what the Senate does today... the 21 of us {House Republicans} will vote against any bill that does not guarantee patients the protections they deserve. If the Senate passes anything less, they're killing the bill."

The House approved the more comprehensive version of managed care reform last October.

Aides to Nickles acknowledge they lack support in the House for this measure, and anticipate it being dropped from the underlying Labor, Health and Human Services spending bill before it ever reaches the President's desk.

In addition to lacking a right to sue, the bill Senate Republicans passed last year included protective measures for patients in managed care systems, but only those 58 million Americans in self-run insurance companies governed by federal law. Republicans say most other patients are covered by state laws, and to cover all would be trampling on states' rights.

Democrats tried to amend the legislation to expand the scope to include all 161 million Americans, but were defeated by a vote of 47-51.

"The legislation that we on this side of the aisle support is supported by 300 organizations including every medical organization, every doctor organization, every patients' organization, every organization that represents women, every organization that represents children, every organization that cares about cancer, you name it, they support our proposal. And you know who supports the other side? The insurance industry," said Sen. Ted Kennedy (D-Mass), the chief Democratic sponsor.

Thursday, June 29, 2000

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• Senate passes limited 'Patients' Bill of Rights'
  
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