Massachusetts Legislature Considers Removing HMO Lawsuit Cap

The Massachusetts Legislature's Health Care Committee is expected to hear testimony today from the Massachusetts Medical Society in support of a bill (SB 1813) that would remove the state's $20,000 cap on lawsuits against not-for-profit HMOs, the Boston Herald reports. The bill would apply to "all the major HMOs in Massachusetts." Under the legislation, only patients denied "covered treatment" would have the right to sue their HMO. Dr. Francis Rockett, president of the medical group, said, "It's a matter of fairness and accountability," adding that denied care "can be very frustrating and potentially injurious to patients." However, Dr. Mary Lou Buyse, president of the Massachusetts HMO Association, said the bill would "do more" for lawyers than patients. "This is going to raise the cost of health care in many ways and it's not going to help patients get what they really need, which is getting care when they need it." Legislators had attempted to include the proposal as part of a patient protection plan approved last year, but dropped the provision in order to pass the remainder of the bill. State Sen. Mark Montigny (D) said, "I think it's the key unfinished part of managed care reform. All we're saying is if you intrude on that sacred doctor-patient relationship ... then you're held accountable" (Powell Boston Herald, 5/30).