For Immediate Release
Office of the Press Secretary
February 7, 2001
Principles for a Bipartisan Patients' Bill of Rights
Patient Protections Should Apply to All Americans
A federal Patients' Bill of Rights should
ensure that every person enrolled in a health plan enjoys strong
patient protections. Because many states have passed patient
protection laws that are appropriate for their states, deference should
be given to these state laws and to the traditional authority of states
to regulate health insurance.
Patient Protections Should be Comprehensive
A federal Patients' Bill of Rights should
provide patient protections such as: access to emergency room and
specialty care; direct access to obstetricians, gynecologists and
pediatri-cians; access to needed prescription drugs and approved
clinical trials; access to health plan information; a prohibition of
"gag clauses"; consumer choice; and continuity of care protections.
Patients Should Have a Rapid Medical Review Process for Denials of Care
Patients should have the right to appeal a
health plan's decision to deny care through both internal review and
independent, binding external review.
The Review Process Should Ensure that Doctors are Allowed to Make
Medical Decisions and Patients Receive Care in a Timely Manner
Slow and costly litigation should be a last
resort. Patients should exhaust their appeals process first
-- allowing independent medical experts to make medical decisions and
ensuring patients receive necessary medical care without the expense or
delay of going to court.
Federal Remedies Should Be Expanded to Hold Health Plans Accountable
After an independent review decision is
rendered, patients should be allowed to hold their health plans liable
in federal court if they have been wrongly denied needed medical care.
Patient Protection Legislation Should Encourage, Not Discourage,
Employers to Offer Health Care
Employers, many of whom are struggling to
offer health coverage to their employees, should be shielded from
unnecessary and frivolous lawsuits and should not be subject to
multiple lawsuits in state court. Increased litigation will
only result in higher health care costs, potentially forcing employers
to drop employee health coverage altogether. Only employers who retain
responsibility for and make final medical decisions should be subject
to suit.
Americans want meaningful remedies, not a
windfall for trial lawyers resulting in expensive health care premiums
and unaffordable health coverage. To protect patients'
rights without encouraging excessive litigation, damages should be
subject to reasonable caps.
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