Daschle Says Any Compromise on Patients’ Rights Must Be ‘Meaningful’ as White House Again Vows to Veto McCain Bill

"Escalating the battle" over patients' rights, White House Chief of Staff Andrew Card said yesterday that President Bush will veto legislation backed by Democrats "unless the plan is modified," the Los Angeles Times reports. Card "urged" Senate Democrats to compromise on the bill (S 283), sponsored by Sens. Edward Kennedy (D-Mass.), John Edwards (D-N.C.) and John McCain (R-Ariz.) (Shiver, Los Angeles Times, 6/11). The 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. While the legislation would cap damages awarded in federal court at $5 million, state courts could award as much money in damages as the state allows (Kaiser Daily Health Policy Report, 2/7). "It is not a patients' bill of rights. It's a trial lawyers' bill, and it should be changed," Card said on "Fox News Sunday" (Los Angeles Times, 6/11). Bush, who maintains that the bill would prompt "smaller" insurers and businesses to stop providing health coverage for employees and increase health insurance premiums, has said he backs a rival measure (S 889) sponsored by Sens. Bill Frist (R-Tenn.), John Breaux (D-La.) and James Jeffords (I-Vt.) (McQueen, Associated Press, 6/11). Under that bill, patients with private health insurance could sue health plans after exhausting an appeals process by an outside review panel. Patients could only sue health plans in federal court, not state court, with damage awards capped at $500,000 (Kaiser Daily Health Policy Report, 5/16). Card said, "We think there is room for compromise," but expressed concern that Senate Majority Leader Tom Daschle (D-S.D.) had begun "closing the door" on negotiations (Price, Washington Times, 6/11).

Daschle's View
Daschle said that Democrats have compromised "about as much as we possibly can" on patients' rights legislation (USA Today, 6/11). "I'm willing to talk some more. But I don't want to water down the bill to make it meaningless," he said Sunday on CBS' "Face the Nation." Addressing the issue on CNN's "Late Edition," he added, "We have compromised and compromised. This is a case study in compromise." He also said he was "disappointed" about Card's "rhetoric and veto threat" (Washington Times, 6/11). "We don't need veto threats right now. What we need are ways in which to find the common ground," Daschle said (Bazinet, New York Daily News, 6/11).

Others Speak
Also appearing on "Face the Nation," McCain said that the debate over a patients' rights bill "should not stop an agreement" (Greenberg, AP/Philadelphia Inquirer, 6/11). "I think most any piece of legislation that is important to the American people we don't want the president to have to veto. But I really think we can avoid that outcome," he added (New York Daily News, 6/11). On ABC's "This Week," Kennedy said that 63 House Republicans back the Kennedy-Edwards-McCain bill, adding, "And every single health organization is supporting this bill. ... I think we'll pass it" (Washington Times, 6/11). A "reasonably confident" Daschle agreed, predicting that the bill would receive bipartisan support (Abrams, AP/Philadelphia Inquirer, 6/9). Still, Breaux questioned "what good it would be" to pass the legislation when there is a "clear message from the White House they aren't going to sign it," adding that lawmakers should pass a bill "that actually can become law" (Washington Times, 6/11). Daschle has promised to address the Kennedy-Edwards-McCain bill after finishing business on education legislation, probably by the end of the week (Dewar, Washington Post, 6/9).

On the Radio
Delivering the Democrats' weekly radio address Saturday, Edwards "accus[ed] the Bush administration of pushing for a weak" patients' rights bill to help HMOs and insurers ( AP/Baltimore Sun, 6/11). "Unlike doctors, nurses and hospitals ... HMOs that make deadly mistakes cannot be held accountable in a court of law," he said (Sullivan, Raleigh News & Observer, 6/10). Edwards added, "In my opinion, the bill the president likes is not a patients' protection bill. It's what a Republican congressman I know called an HMO protection bill" (AP/Baltimore Sun, 6/11). "Here's the bottom line -- President Bush has ... to decide whether he's on the side of patients and their doctors, or if he's on the side of big insurance companies and HMOs," he concluded (Begos, Winston-Salem Journal, 6/10).

The Norwood Factor
Rep. Charlie Norwood (R-Ga.), a key supporter of patients' rights legislation in past years, said that he may back the Kennedy-Edwards-McCain bill "if no other compromise can be reached." According to analysts, Norwood's support would "increase the chances" that Congress would pass the legislation and could "signal that a much stronger bill is going to emerge in the House" (McQueen, AP/Billings Gazette, 6/10).

Behind the Scenes
The Washington Times reports that Republican and Democratic lawmakers "privately" have predicted that Bush "might end up supporting" the Kennedy-Edwards-McCain bill to help "co-opt a strong Democratic issue" before the 2002 elections (Washington Times, 6/11). But CongressDaily reports that Republicans will "likely try" to amend the legislation, and that despite Bush's veto threat, HHS Secretary Tommy Thompson met with GOP and Democratic leaders last Thursday to discuss the issue (CongressDaily, 6/8).

'Bait and Switch'?
Insurers and businesses "admit worry" over "new momentum" for patients' rights legislation and plan to launch advertising and lobbying campaigns against the McCain-Kennedy-Edwards bill. American Association of Health Plans President Karen Ignagni called the legislation a "bait and switch," adding, "They are talking patient protections but people are being put in jeopardy here" (AP/Billings Gazette, 6/10). She said, "It takes aim not just at health plans, but at employers and doctors. It exposes them to more destructive lawsuits." In a newsletter, the National Association of Manufacturers said that the McCain-Kennedy-Edwards measure would provide "scant protection." However, Families USA Executive Director Ron Pollack praised the legislation, saying, "Few Americans have the tools to fight improper denials of care" (Associated Press, 6/9).