Action Alert

Calls Needed Now for Bipartisan Patients' Rights Bill

October 7, 1999

Action Needed:

Call or email your Member of Congress about the two Patients Bill of Rights bills- one good and one bad--that could come for a vote any day. Let your Representative know that YOU know the difference and urge a vote for Bipartisan Consensus bill and against the Health Access bill. House debate has just started and your prompt response could make the difference! See below for background and talking points.

Background:

House debate began today on two versions of a Patients' Bill of Rights bill -- a limited one promoted by the Republican leadership (H.R. 2990, Health Access Act, sponsored by Rep. Tom Coburn (R-OK), John Shadegg R-AZ, and others) and a stronger bill being pushed by a bipartisan group of many Democrats and 21 Republicans. With a solid majority of House members in support, the odds are that the Bipartisan Consensus Managed Care Improvement Act of 1999 (H.R. 2723), sponsored by Rep. Charles Norwood (R-GA) and John Dingell (D-MI), may well pass.  But because business interests are lobbying heavily against H.R. 2723,  activists should call their Representatives to urge them to vote AGAINST the Health Access bill, and FOR the Bipartisan Consensus bill.  Debate may drag on for awhile, but key votes could happen at any time.

Activists may recall that in July the Senate passed a watered-down Republican version (S. 1344) of Patients' rights which would have impacted only a small number of privately insured persons and had only very limited patient protections. Advocates feared that the more conservative House would simply rubber-stamp S. 1344 and move on. But members who were health care providers before being elected to the House developed a strong compromise bill which has drawn broad support.

A sticking point in the fight over patient protections has always been a provision that would allow health care consumers to sue their Health Maintenance Organizations (HMOs). After years of opposing this provision, Republican leaders may be ready to support a limited right to sue. Despite the fact that there seemed to be general agreement around a good bill, NOW and health care consumer advocates were worried that Speaker Dennis Hastert (R-IL) might not allow a vote on H.R. 2723.  Just prior to the House debate, the speaker had a large fund raising event with executives and lobbyists from the insurance industry. Efforts to water-down various provisions of H.R. 2723 are being pursued by him, including attempts to attach various poison pill provisions (many of which are incorporated into the Coburn/Shadegg bill). And, the leadership may have laid some tactical traps to ultimately defeat the Bipartisan Consensus bill.

The Bipartisan Consensus bill has a number of features important to women and would go a long ways towards making Health Maintenance Organizations more responsive to patient needs and less reponsive to the "bottom line."

Some Talking Points:

  • Here are some key points in the Bipartisan Consensus bill that you can use for talking points:  The Bipartisan Consensus bill covers emergency services by assuring access to emergency care without prior authorization.  Under this plan, HMO's and insurance companies are to pay for those services if a reasonable person would consider the situation an emergency.

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  •  The Bipartisan Consensus bill allows patients to see an outside specialist at no additional cost should the specialists within their plan be unable to meet their needs. Special protections are provided for pregnancy, terminal illness, and individuals awaiting surgery.  The bill also ensures that individuals who are seriously ill or require continued care by a specialist can continue to see the same health care provider if their provider leaves the plan or their employer changes plans.

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  • The Bipartisan Consensus bill gives women direct access to ob-gyn services from any qualified participating health care professional.  It also ensures that the special needs of children are met by including access to pediatric specialists, and the opportunity for children to have a pediatrician as their primary care provider.
  • The Bipartisan Consensus bill prevents plans from denying access to clinical trials that may have life-saving results. Under this bill, physicians are allowed to prescribe prescription drugs not on the HMO's predetermined list when needed.

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  • The Bipartisan Consensus bill ensures that physicians and nurses can report quality problems without retaliation from HMO's, insurance companies, hospitals and others.  It also prevents plans from financially rewarding health care professionals for limiting a patient's care.

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    Please Make Contact As Soon As Possible:

    Call, fax, or email your Representative at his/her Washington office as soon as you get this message.  Encourage your Member to reject any attempts to weaken the bill through poison pill provisions.  Democrats who especially need to hear from supporters include: Costello, Boyd, Paul, Hinojosa, Hooley, Kaptur, McIntyre, Spratt, Stenholm, Vento, Watt, Blumenauer, Tauscher, Pickett, Collin Peterson, Adam Smith, Condit, Deutsch, Dooley, Gene Taylor, Wise, Murtha, Minge, Chris John, Trafficant, Larson, Lucas, Luther, Meek and Moran. The main number for Congress is (202) 224-3121.  Also, you can obtain your Member's fax number and email address by checking the website for Congress which is thomas.loc.gov

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