House Panel Delays ‘Indefinitely’ Hearing on Patients’ Rights Legislation
House Ways and Means Health Subcommittee leaders yesterday postponed "indefinitely" a hearing on patients' rights legislation that had been scheduled for next Monday, Congress Daily/AM reports. The leaders canceled the hearing after learning that the House will not be in session "with votes" on Monday afternoon. "We think this is important enough that we want our members here," a Ways and Means spokesperson said. Meanwhile, when the floor debate on the issue will occur "remains an open question." Majority Leader Dick Armey yesterday said he is "confident" that a vote will take place next week, adding that "action" is "long overdue." In the meantime, lawmakers are lobbying "furiously to capture" the votes of about three dozen Republicans whose support is "considered key" to whether the bill sponsored by Reps. Charlie Norwood (R-Ga.), John Dingell (D-Mich.) and Greg Ganske (R-Iowa) (HR 526) or that sponsored by Rep. Ernie Fletcher (R-Ky.) (HR 2315) "prevails" in the House (Rovner, CongressDaily/AM, 7/11). Under Norwood-Dingell-Ganske, which mirrors the bill (
S 1052) passed by the Senate two weeks ago, 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 in damages as the state allows. The measure also guarantees patients access to emergency and specialty care, as well as a number of other protections (Kaiser Daily Health Policy Report, 2/7). Under the Fletcher bill, which is favored by the House Republican leadership, patients could sue health plans in federal court for quality of care issues and non-quality of care issues, such as those involving violations of their health plan's contract. Patients could only sue in state court in cases where health plans refused to abide by decisions made by outside appeals panels. The bill would cap non-economic damages in federal court at $500,000, but state courts could award as much money in damages as the state allows. The bill would prohibit punitive damages (
Kaiser Daily Health Policy Report, 7/9).
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