House GOP remains split on 'patients bill of rights'
September 16, 1999
Web posted at: 3:02 p.m. EDT (1902 GMT)
WASHINGTON -- House Republican leaders failed Tuesday to reach a consensus strategy on their approach to the so-called "patients bill of rights" legislation, leaving the GOP divided on the politically popular issue.
The GOP had hoped to unite during a closed meeting behind the legislation that would give patients new rights in dealing with restrictive health maintenance organizations and other managed-care plans.
Instead, the participants emerged saying deep disagreements remain over whether injured patients should get new rights to file lawsuits prevented any agreement.
Most Republican House leaders oppose no new right to sue, fearing that a proliferation of lawsuits that would drive up the cost of insurance and prompt employers to drop coverage. They prefer only limited new HMO regulations.
But the House GOP leaders are facing defections among their rank-and-file as 20 Republicans are supporting alternative legislation.
House Speaker Dennis Hastert promised last month to bring a bill to the floor that would include a right-to-sue provision in an attempt to keep his fractured party together. When Reps. Tom Coburn (R-Oklahoma) and John Shadegg (R-Arizona) introduced an alternative "patients' bill of rights" proposal last week -- one of several competing bills -- it contained that provision.
But Hastert has distanced himself from the bill since promising a vote and has refused to endorse the bill or even say what he thinks of it. Coburn and Shadegg said last week they expected an endorsement after they had met with him.
But the speaker kept his public silence after the meeting. Asked if he would talk to reporters about the issue, he said from a distance, "Not right now."
The second ranking House Republican is much clearer in his opinion of the bill.
"I described it as the least worst way to do the wrong thing," Majority Leader Dick Armey (R-Texas) said after Tuesday's meeting. Coburn said Armey also described the legislation as "like driving over a skunk and putting it in your trunk."
But Coburn and Shadegg said they will not back down on the right to sue, known as the liability provision.
"They can stick their head in the sand, but the fact is, whatever passes the House is going to have some type of liability," Coburn said.
Their bill would allow lawsuits, but only in federal court and only after a patient goes through the health plan's review process. Patients also would have to take their cases to more doctors for assessment of injuries and a determination whether a decision by the plan had caused the injury.
The bill also would cap damages patients could collect and contains a variety of provisions that virtually every other HMO bill has: allowing easier access to emergency rooms and specialists and giving patients access to more information about how plans work.
Coburn and Shadegg said they will continue to build support among colleagues for their legislation. Meanwhile, Republican Whip Tom DeLay (R-Texas) planned to determine how much support exists among Republicans for new rights to sue.
The Senate passed a similar bill in July but it does not expand a patients right to sue their HMO. Instead the Republican-backed bill contains a provision allowing patients to have decisions to deny care reviewed by an independent doctor, who will have the final say.
Senate Democrats opposed the bill and supported their plans which would have allowed patients to sue HMO's in both state and federal court. A compromise to allow lawsuits in federal courts, but not in state courts was rejected.
The Associated Press contributed to this report.
 |