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.