Senate Passes Patients' Bill of Rights
July 2, 2001
The Senate passed sweeping healthcare insurance legislation on Friday, voting 59 to 36 to send the Bill to the House for further debate. After years of delays, the so-called "patients bill of rights" guarantees Americans already covered by insurance, either private or employer provided, with certain benefits and the right to sue if such benefits are withheld. The proposed legislation includes the following guarantees:
- Insurance coverage for visits to the nearest emergency facility
- Direct access to certain specialists (such as obstetricians-gynecologists and pediatricians) without the need for a referral
- Participation in clinical trials
- Access to specialists outside of the plan if the plan does not have its own specialist in the relevant field
- Insurance companies can no longer require that doctors keep information on certain types of expensive treatments from their patients
- Insurance companies can no longer provide financial incentives to doctors who keep costs down by skimping on patient care
Under the proposed legislation, if an insurer refuses to provide any of these benefits, the patient can participate in a two-tiered dispute resolution program. First, the patient must seek relief from an insurance company sponsored oversight board, if dissatisfied, the patient could then seek review by an independent board. If the review process drags on for more than 30 days, the disgruntled patient could file suit in either State or Federal court. The State court provision could allow for large damage awards against unscrupulous insurers.
The passage of this legislation in the Senate is no guarantee that the Bill will ever become law. First, the House must debate its own version of the patients' bill of rights. If the House Bill differs significantly from the Senate version, the two congressional chambers will be forced to negotiate on compromise legislation. Whatever the outcome in Congress, President Bush has threatened to veto the legislation as currently crafted by the Senate. Political observers say that resolution of this debate may take several additional months.
-- Article Courtesy of InjuryBoard.com
More ...
- Nursing Shortage Continues to Pose Problems
- Cerebral Palsy Information: Illinois Hospital Settles Negligence Lawsuit for $19 Million
- Illinois Hospital Settles Lawsuit for $19.4 Million
.