Republican Rep. Norwood to Support Democrats’ Patients’ Rights Legislation As Both Sides Prepare for the Issue

In a "blow" to President Bush, Rep. Charlie Norwood (R-Ga.), a key supporter of patients' rights legislation in past years, plans to announce today support for a bill favored by Democrats, the New York Times reports. Senate Democrats plan to open debate on the issue next week. Earlier this year, Norwood withdrew support from a bill (S 283) sponsored by Sens. Edward Kennedy (D-Mass.), John McCain (R-Ariz.) and John Edwards (D-N.C.) in order to allow President Bush to "place his own stamp on the issue," but after months of negotiations, he decided "it was time for him to take a stand" behind the Kennedy-McCain-Edwards measure, Norwood spokesperson John Stone said (Mitchell, New York Times, 6/13). Norwood "grew frustrated" with White House "resistance" to a provision in the bill that would allow patients to sue HMOs and insurers in state court, a source said (McQueen, AP/Nando Times, 6/12). Under the Kennedy-McCain-Edwards bill, patients could sue HMOs in state court for denial of benefits or quality of care issues and in federal court for non-quality of care issues. The legislation would cap damages awarded in federal court at $5 million, but state courts could award as much money in damages as the state allows (Kaiser Daily Health Policy Report, 2/7). Norwood said, "[W]e're going to get enough votes to pass" the Kennedy-Mccain-Edwards bill (Welch, USA Today, 6/13). Although Stone said that Norwood would still discuss the issue with Bush, he added that the time for compromise "may be over." Stone said, "Norwood has to move now that the bill is coming up in the Senate" (Malone, Atlanta Journal-Constitution, 6/13).

Stifling Bush?
Bush has said he supports rival legislation (S 889) sponsored by Sens. John Breaux (D-La.), Bill Frist (R-Tenn.) and Jim Jeffords (I-Vt.) and has said he would veto the Kennedy-McCain-Edwards bill (New York Times, 6/13). Under the Breaux-Frist-Jeffords 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). Norwood "vehemently opposes" the measure (Rovner/Fulton, CongressDaily/AM, 6/13). White House spokesperson Claire Buchanan said that Bush still hopes Congress will pass a bill that he can support (USA Today, 6/13). According to the New York Times, Norwood's position will have "no direct effect" on the Senate debate, but he "lends credence" to Democrats' argument that they have "put forward centrist legislation." Senate Majority Leader Tom Daschle (D-S.D.) said, "This is a critical piece of legislation, and after five years, it's long overdue" (New York Times, 6/13). Kennedy welcomed Norwood's support for the bill. "Everyone in Congress knows his leadership has made a huge difference on the issue," he said, adding, "His courageous action makes it less likely that President Bush will dare to veto this sensible bill." Democratic leaders "contend" that they have the votes to "ward off" efforts to delay or kill the bill. Still, McCain said, "The last thing I want to have is a bill that the president would veto on this issue" (AP/Nando Times, 6/12).

Is Compromise Possible?
Meanwhile, a group of key lawmakers -- including Kennedy, McCain, Edwards, Breaux, Frist and Jeffords -- plan to visit the White House June 14 to discuss the issue with HHS Secretary Tommy Thompson and Deputy White House Chief of Staff Josh Bolten. Frist called the meeting "significant," pointing out that "it will be the first time everyone will be sitting at the same table," but he said that "there's no real negotiating going on yet." In addition, although Daschle has "backed off a bit" from his "claim" that Democrats would not compromise on a patients' rights bill, he "continued to insist" that his side has "already moved considerably." He said, "If they have better ideas, we're willing to sit down and listen to them," but added, "We've compromised on compromise, and what my fear is, of course, is that we reach a point where the insurance companies are not required to do anything, and that this bill is a bill in name only." In the House, GOP leaders are "rushing" to develop legislation to rival the House version of Kennedy-McCain-Edwards. Rep. Ernie Fletcher (R-Ky.) is leading a working group on a bill that would provide a "far more limited" right for patients to sue health plans. House leaders will likely move to bring a bill to the floor to "head off" the Senate, which "appears to have the votes to pass" the Kennedy-McCain-Edwards bill, "but not without prolonged debate" (CongressDaily/AM, 6/13).

'Secret' Meeting
The Washington Times reports that Breaux, Frist and Senate Minority Leader Trent Lott (R-Miss.) met "secretly" yesterday morning in the White House with top legislative advisers to the president "to get all of the cards on the table" and develop a strategy on the patients' rights bill. Lott had sought the meeting, "signaling that he was aggressively pursuing a tough new strategy" to block "liberal" legislation in a Democratic Senate. Nick Calio, Bush's chief legislative lobbyist, said, "The strategy is to move forward on our goals and to build a bipartisan working coalition to achieve those goals" (Lambro/Boyer, Washington Times, 6/13).

A Supreme Plea
The Wall Street Journal reports that the Bush administration has asked the Supreme Court to "stay out" of the patients' rights debate, urging justices to allow lawmakers and the White House "more time to resolve the issue." The Solicitor General's office recently asked the high court not to hear a Texas appeal seeking to uphold a patients' rights bill enacted when Bush served as governor of the state. According to the Journal, the case "tests whether federal law shields HMOs from having to comply with reviews set up by states to hear appeals from patients denied care." In a brief filed June 1, the Bush administration wrote, "Those issues should, if possible, be debated and decided in a legislative -- not judicial -- forum." The Journal reports that "siding against Texas in the case is awkward" for Bush, who "repeatedly touted" the state law when he was a candidate last year (Wall Street Journal, 6/13).

Launching the Ad War
In "another sign of the intensity" of the upcoming patients' rights "battle," the Health Benefits Coalition -- a group of employers, insurance companies and business executives -- announced yesterday plans to launch a television, radio and print advertising campaign "echoing the president's arguments on the issue." The ads "argue" that the patients' rights bill favored by Democrats will lead to higher insurance premiums and "could leave millions of working poor with no health coverage at all" (New York Times, 6/13). HBC plans to run the ads in the Washington, D.C., area before moving the campaign nationwide, HBC Chair Dan Danner said. While Danner did not reveal the cost of the campaign, he said that the HBC had spent $1 million on similar efforts in the past. The Business Roundtable, an HBC member, plan to "buttress" the campaign with print ads targeting leading Senate Democratic centrists, including Sens. Zell Miller (D-Ga.), Max Cleland (D-Ga.), Ben Nelson (D-Neb.), Evan Bayh (D-Ind.) and Mary Landrieu (D-La.). HBC yesterday also released a poll of 808 registered voters that found more public support for a "binding external appeal mechanism" to resolve patient-insurer disputes than a new right to sue in federal or state court (CongressDaily, 6/12). "Voters understand that you can't sue your way to better health care," Danner said. The AP/Nando Times reports that the ads may "hit home" for some lawmakers (AP/Nando Times, 6/12).