National News Desk

Patients' Bill of Rights, State or Federal Court?

Posted by Staff Writer
Friday, June 29, 2001 12:00 AM EST
Category: Major Medical
Tags: Medical Malpractice and Negligent Care, Managed Care and Insurance Companies, Bad Faith Claims

Today, the Senate continues its debate on the patients' bill of rights, the shorthand term for Washington's effort to reform America's healthcare system. The legislation was originally proposed during Bill Clinton's first administration. However, today's proposal is a far cry from the one offered in the early 1990s. While the goal of the original legislation was to provide all Americans with healthcare insurance, the version currently being debated on Capital Hill aims to allow those Americans already covered to sue their insurer if it refuses to provide necessary medical services.

While both Democrats and Republicans agree on the need for reform, including the right to sue HMOs and other health insurers, the details of such reform remain in dispute. Democrats favor allowing injured parties an unlimited right to sue in State court, where damage awards are historically higher. Republicans prefer restricting lawsuits challenging insurance decisions to Federal court. In addition, Republicans hope to limit the amount of damages awarded. At present, it appears the Democrats will prevail in crafting the Bill to allow unlimited damage amounts in State court.

In another development, lawmakers have agreed on a provision allowing individual States to craft their own versions of the patients' bill of rights, as long as State legislation is in "substantial compliance" with the Federal Act.


No Comments

Comments for this article are closed.

About the National News Desk

Our mission is to seek the complete truth and provide a full and fair account of the events and issues that surround personal safety, accident prevention, and injury recovery.  We are committed to serving the public with honesty and integrity in these efforts.

Hurt in an accident? Contact InjuryBoard.com

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address

Subscribe

RSS Feed

Add the National News Desk to your favorite RSS reader

Add to Google Reader Add to myYahoo Add to myMSN Add to Bloglines Add to Newsgator Add to Netvibes Add to Pageflakes