|
|
|
|
|
|
 |
 |
Congressman Demands |
|
August 7, 2001 At a press conference held on the steps of Huntington Hospital yesterday Congressman Steve Israel denounced the "Patients' Bill of Rights" recently passed by his colleagues in Washington. "You have a better chance of receiving damages if you have a defective toaster than if your HMO denies medical treatment for your children," he said. Israel called the legislation enacted last Thursday night a "watered-down" version of a bill that he cosponsored, stating that it is more an "HMO Bill of Rights." It creates new legal obstacles for patients and creates legal loopholes to protect HMOs, he said, giving HMOs and insurance companies stronger legal standing in courts by placing a more onerous burden of proof on patients. Flanked by constituents and medical professionals who feel they have been the recipients of HMO abuses, Israel stated, "Washington has caved to the HMOs and squandered yet another opportunity for real reform. It's time the big HMOs stopped putting profits ahead of people. It's time we provided real patient protections that hold HMOs accountable and ensure that doctors and patients make medical decisions instead of insurance company bureaucrats." Bonnie Cicio, the widow of a man who allegedly died as a result of HMO delays in approving treatment, supports enabling stronger patient control. She says the HMO handling her husband's cancer treatment delayed approval of his doctor's recommendation for a stem cell transplant until he missed his "window of opportunity" for the procedure to be effective. "I'm accountable for what I do," she said. "HMOs should be held accountable for their actions as well." Israel said one of the conditions of the legislation most troubling to him involves the fact that there is a cap on damages a patient can seek when suing an HMO. There is also a higher burden of proof for patients, in part because it makes people use federal rules of procedure in state courts which the senate bill does not. Dr. David Trueman, a psychologist turned lawyer in order to fight for patients' rights said that HMOs hide behind ERISA loopholes to get cases thrown out of state courts. "But ERISA is an employees retirement security act created to protect pensions and has nothing to do with health care," he said. "The courts have allowed HMOs to seize on the loophole to get out of being responsible. We have been waiting a year and three months just to hear if we can proceed with the Cicio case." Israel said the next opportunity to address the issue comes after Labor Day when the House reconvenes. At that point representatives from both the House and Senate will form a committee to work on reconciling the differences in their bills. Israel said he fears that the Senate Conference Committee could push the issue into a legislative graveyard if both sides cannot agree. In that instance, President George Bush would never be saddled with giving a thumbs up or down, the momentum for change would be lost and the result would be no compromises, no help, no changes whatsoever. (See related story on Prescription Drug Costs for Seniors)
Click
here to add comments or request info
|
