Norwood’s Move on Patients’ Rights May ‘Bolster Prospects’ for Democratic Bill

As expected, Rep. Charlie Norwood (R-Ga.), a key supporter of patients' rights legislation in past years, "broke ranks" with President Bush on June 13 and promised to "push for passage" of a bill favored by Democrats, Reuters/Washington Times reports. The move "bolstered prospects" for the bill (S 283), sponsored by Sens. Edward Kennedy (D-Mass.), John McCain (R-Ariz.) and John Edwards (D-N.C.), which would provide patients with an "unprecedented right" to sue health plans (Reuters/Washington Times, 6/14). 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). Senate Democratic leaders plan to bring the bill, which Bush has threatened to veto, to the floor next week. Norwood called Kennedy-McCain-Edwards "the only bill that guarantees a patient will find justice if they are injured or killed" (Barfield, Newsday, 6/14). Earlier this year, Norwood withdrew support from the legislation in order to allow 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. 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 (Kaiser Daily Health Policy Report, 6/13). Still, Norwood said, "I do not consider ... negotiations [with the White House] failed or finished. They have just moved to a different level" (Newsday, 6/14).

GOP Exodus?
According to CongressDaily, Norwood's announcement "signals a hardening of the lines" over patients' rights legislation (Rovner, CongressDaily, 6/13). Norwood said that his decision would likely "pull other Republicans" to the Kennedy-McCain-Edwards bill (Kelley, Omaha World-Herald, 6/14). He added that "getting the backing" of Republicans may "help persuade the White House to see things differently." He said, "To quote Al Capone, 'when you negotiate with a soft voice and a loaded gun, it's better than negotiating with a soft voice.'" Rep. Christopher Smith (R-N.J.) has already "follow[ed] Norwood's lead" and announced support for the Kennedy-McCain-Edwards measure (CongressDaily, 6/13). In addition, the AP/Baltimore Sun reports that several House Republicans "bucked White House opposition" to the Kennedy-McCain-Edwards bill and announced their support for the legislation. "We've got to stop these HMOs from practicing bottom-line medicine," Rep. Marge Roukema (R-N.J.) said, adding, "If we don't pass this, or the president doesn't sign it, there's going to be a voter backlash out there" (AP/Baltimore Sun, 6/14). Norwood predicted that the House version of the Kennedy-McCain-Edwards bill (HR 526), backed by Reps. Greg Ganske (R-Iowa), John Dingell (D-Mich.) and Norwood, would "get enough [votes] to win" despite objections from GOP leaders (CongressDaily, 6/13). In addition, McCain said Wednesday that Democrats would allow "unlimited amendments and an open debate" on the bill. "The impression I get is that Republicans are not interested in filibustering," he said, adding that "he was optimistic" that the debate would "unearth common ground" (Rovner/Earle, CongressDaily/AM, 6/14).

'Last-Minute Bid' ...
Meanwhile, White House officials plan to meet with key lawmakers on June 14 in a "last-minute bid" to "head off" a "potentially damaging political showdown" on patients' rights. Several top administration officials -- including HHS Secretary Tommy Thompson, Labor Secretary Elaine Chao and Josh Bolten, White House deputy chief of staff for policy -- will meet with a number of senators, including Kennedy, McCain and Edwards (Miller, Los Angeles Times, 6/14). Also attending will be Sens. John Breaux (D-La.), Bill Frist (R-Tenn.) and Jim Jeffords (I-Vt.), who have sponsored a rival bill (S 889) backed by Bush. In addition, the White House has invited Sens. Phil Gramm (R-Texas) and Don Nickles (R-Okla.), as well as "key centrist" Sen. Ben Nelson (D-Neb.) (CongressDaily, 6/13).

... Or 'Belated Overture'?
Democratic aides "scoffed" at the White House's "belated overtures," dismissing the meeting as "politics by photo-op" designed "more to allow Bush to appear to be seeking compromise than to foster meaningful negotiation" (Los Angeles Times, 6/14). While Breaux said that White House officials would likely use the meeting to "spell out clearly that the president would veto" the Kennedy-McCain-Edwards bill, Senate Majority Leader Tom Daschle (D-S.D.) disagreed, predicting that the administration would "try to find some common ground" (CongressDaily, 6/13). McCain added, "I don't think (the White House) would have called (the meeting) if they didn't think there was some room for progress" (Los Angeles Times, 6/14). Still, Bush issued another veto threat on June 13 on the Kennedy-McCain-Edwards bill, saying, "I meant what I said. I said I can't live with the bill." He added, "Can't living with a bill means it won't become law" (Schieffer, "CBS Evening News," 6/13). However, the Los Angeles Times reports that the White House "faces serious pressure to compromise," pointing out that blocking the legislation, which "resonates deeply with the public," could prove "politically treacherous" (Los Angeles Times, 6/14).

Marching Orders
In the House, Speaker Dennis Hastert (R-Ill.) on June 13 "ordered" chairs of the three House committees with jurisdiction over patients' rights to "find a consensus measure in time to schedule a parallel debate" with the Senate. Hastert met with House Ways and Means Committee Chair Bill Thomas (R-Calif.), House Energy and Commerce Committee Chair Billy Tauzin (R-La.) and House Education and the Workforce Committee Chair John Boehner (R-Ohio). Sources said that Hastert hopes to draft a bill "all three can agree" on "as soon as possible" -- "preferably by Monday," CongressDaily/AM reports. The measure would "compete" with the Ganske-Dingell-Norwood bill and attempt to "dampen [its] momentum," CongressDaily/AM reports (CongressDaily/AM, 6/14).