Nickles Says Bipartisan Patients’ Rights Bill Won’t Pass Senate

Senate Majority Whip Don Nickles (R-Okla.) said on March 1 that the bipartisan managed care reform bill proposed by Sens. John McCain (R-Ariz.), John Edwards (D-N.C.) and Edward Kennedy (D-Mass.) "will never be allowed to pass the Senate," CongressDaily reports (Rovner, CongressDaily, 3/1). Among other provisions, the McCain-Kennedy-Edwards bill would allow patients to sue HMOs in state court for denial of benefits or quality of care issues and in federal court for non-quality of care issues, such as those involving violations of health plan contracts. Damages awarded in federal court would be capped at $5 million, but state courts could award as much money in damages as the state allows ( Kaiser Daily Health Policy Report, 2/7). During a health care "summit" sponsored by the U.S. Chamber of Commerce, Nickles said that the bill "falls very, very short" of addressing patient concerns over managed care without increasing costs. He added that the bill would permit "court shopping, unlimited non-economic damages and the only, quote, reform is a $5 million cap on punitive damages." However, Nickles said that he "does want to pass a bill this year" and is "comfortable" with President Bush's patients' rights proposal, CongressDaily reports. Nickles also said that Congress would move "pretty quickly" to overturn the controversial ergonomics regulations issued by the Clinton administration last year. He called the regulations "an unbelievable power grab by the Clinton administration -- really in contempt of Congress."

Breaux's Take
Sen. John Breaux (D-La.), who also spoke at the summit, conceded that the McCain-Edwards-Kennedy bill "will have difficulty getting large amounts of Republican support and may have difficulty getting signed." As part of a group of bipartisan moderates, Breaux is helping craft amendments to the bill, including one that would require patients to exhaust appeals processes before taking care disputes to court (Rovner, CongressDaily, 3/1).

Thompson Outlines Legislative Priorities
Also speaking to the Chamber of Commerce on March 1, HHS Secretary Tommy Thompson outlined his " top priorities" for the agency, including doubling funding for the NIH and reviewing HCFA regulations, CongressDaily reports. Thompson added that he hopes to "ensure that we do not miss this opportunity to do fundamental Medicare reform," and he endorsed President Bush's plan to provide prescription drug coverage to low-income seniors through short term state grants. But he "urged" Congress not to approve a prescription drug bill that would remove the "incentive to overhaul the [Medicare] system." Thompson also called for patients' rights legislation that would "not step on states' rights" or turn the health insurance sector into "new killing grounds" for trial lawyers. His legislative priorities also include a tax credit to help families purchase insurance. In addition, Thompson endorsed Bush's proposed funding increase for community health centers and "promised" to look at HCFA regulations and "weed out those that are unnecessary," CongressDaily reports. He said, "Both political parties hate HCFA, yet they keep giving it more responsibilities. I've got to find a way to solve that" (CongressDaily, 3/1).