‘John Q.’ Offers Argument in Favor of Patients’ Rights Legislation, Kondracke Says

Although the film "John Q." offers a "cinematic argument both for patients' rights legislation" and a bill to help reduce the number of uninsured, Congress will not likely address the issues this year, Morton Kondracke writes in a Roll Call opinion piece. "It's a shame," Kondracke writes, that the film has not "put pressure on Congress to pass a patients' rights bill." He points out that lawmakers have not resolved differences in liability provisions in patients' rights bills passed last year in the Senate and House (Kondracke, Roll Call, 3/7). The Senate bill would allow patients to sue HMOs in state court -- which often awards larger damages than federal 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 would allow state courts to award as much in damages as states allow. The House bill would only allow patients to sue health plans in state court for non-economic damages up to $1.5 million. In addition, the legislation would allow courts to award patients up to $1.5 million in punitive damages, but only in cases where patients won complaints against health plans before an outside appeals panel and an HMO still refused to provide care (Kaiser Daily Health Policy Report, 1/10). However, according to Kondracke, lawmakers should pass "agreed-upon items," such as mandates for clinical trial coverage and emergency services, regardless of whether they can resolve differences in the bills.

Uninsured the Issue?
Kondracke also writes that "John Q." has not prompted the same "buzz" as the 1997 film "As Good as it Gets," in which actress Helen Hunt's "brief disparagement of HMOs ... caused audiences to erupt with cheers" and offered patients' rights advocates a "chance to rally the support." He attributes the difference in part to a campaign launched by the American Association of Health Plan after the release of "John Q." The campaign characterized the film as an argument for legislation to reduce the number of uninsured, not against managed care, Kondracke writes. However, he points out that "Congress is nowhere near even considering a plan to cover the uninsured." He concludes, "As with the patients' rights issue, if Congress can't agree on a comprehensive approach to the problem of the uninsured, it ought to resolve to simply expand coverage to more people each year -- to do something even if it can't do everything. Lives can be saved in the process" (Kondracke, Roll Call, 3/7).