House GOP ‘Rushes’ to Prepare Own Patients’ Rights Bill While Democrats Remain At Odds With White House On Right-to-Sue
After a White House meeting on June 14, the Bush administration and key senators moved "no closer" to an agreement on patients' rights legislation, Investor's Business Daily reports (Investor's Business Daily, 6/5). Lawmakers "failed to resolve their differences" over liability provisions in the legislation, "setting the stage" for "contentious debate" in the Senate next week (Rosenblatt, Los Angeles Times, 6/15). According to CongressDaily, participants "made no detectable progress" on the "major outstanding issues," including whether patients could sue HMOs and insurers in state court and caps on damage awards. The meeting included Sens. Edward Kennedy (D-Mass.), John McCain (R-Ariz.), John Edwards (D-N.C.), John Breaux (D-La.), Bill Frist (R-Tenn.), Phil Gramm (R-Texas), James Jeffords (I-Vt.) and Don Nickles (R-Okla.), as well as HHS Secretary Tommy Thompson, Labor Secretary Elaine Chao and senior White House aides. After the meeting, lawmakers concluded that the "critical differences would be settled on the floor." Senate Democrats plan to move a patients' rights bill (S 283), sponsored by Kennedy, McCain and Edwards, to the floor next week (CongressDaily, 6/14). Under the bill, patients could sue HMOs in state court for denial of benefits or quality of care issues and in federal court for non-quality of care issues. The legislation would cap damage awarded in federal court at $5 million, but state courts could award as much money in damages as the state allows (Kaiser Daily Health Policy Report, 2/7).
War on the Floor?
After the meeting, Bush administration officials "indicated no give" in their opposition to the Kennedy-McCain-Edwards bill, which Bush has threatened to veto (CongressDaily, 6/14). McCain said, "We have not agreed on the issue of liability," adding that the White House would not compromise on the amount of damages awards (Pear,
New York Times, 6/15). Thompson said that the meeting did not lead to "any changes that would make" the legislation "acceptable," and sponsors "gave no hints" that they would modify the bill (Los Angeles Times, 6/15). Still, McCain said that Republicans "will have ample chance to alter it," indicating an agreement to a "freewheeling debate" on the Senate floor. "Everybody gets a chance for their amendments, everybody gets a chance for debate, and everybody gets a vote," he said. Frist added that Republicans likely would not filibuster. In addition, McCain expressed "confiden[ce] to some degree" that the Senate would pass legislation that Bush would sign.
'Minor Progress'
During the meeting, White House officials and Breaux, who has co-sponsored a competing bill, "were insistent" that patients' rights legislation should not permit patients to file lawsuits against health plans in state court, a provision backed by Democrats. However, Breaux "indicated he would be willing to compromise" on a provision in the Kennedy-Edwards-McCain bill that places a $5 million cap on non-economic damages, a figure the White House has called "far too high." Gramm and Nickles also stressed a "need to protect employers" from lawsuits, and officials did report "minor progress" on that issue. In the meeting, Edwards said that lawmakers discussed language to protect employers from liability, "which all of us support." McCain also cited agreement to "tighten up" language on the authority of the review boards and the definition of "medical necessity" (CongressDaily, 6/14). According to CongressDaily/AM, lawmakers and White House officials will meet over the weekend to prepare for debate next week (Fulton/Rovner, CongressDaily/AM, 6/15).