[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 293 Introduced in House (IH)]







105th CONGRESS
  2d Session
H. CON. RES. 293

  Expressing the sense of the Congress on the importance of enacting 
                    patient protection legislation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 1998

  Mr. Ganske submitted the following concurrent resolution; which was 
     referred to the Committee on Commerce, and in addition to the 
 Committees on Education and the Workforce, and Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Expressing the sense of the Congress on the importance of enacting 
                    patient protection legislation.

Whereas rapid changes in the health care marketplace have compromised confidence 
        in our Nation's health system;
Whereas American consumers want more convenience, fewer hassles, more choices, 
        and better service from their health insurance plans;
Whereas all Americans deserve quality-driven health care driven by the patients' 
        best interest, not the bottom line of the third-party payer;
Whereas payment arrangements in which health plans or individual health care 
        providers reap a financial benefit from providing less care threaten to 
        compromise the quality of care;
Whereas because of anomalies in the Tax Code, millions of Americans receive 
        their health care through their employer;
Whereas one survey found that 81 percent of small businesses offered their 
        workers only 1 health plan;
Whereas for those individuals, the free market of health care means that they 
        are free to quit their job if they don't like their health plan;
Whereas managed care's promise to slow health care inflation is questionable at 
        best;
Whereas most experts predict that many health plans will be pushing for double-
        digit premium increases next year;
Whereas as Congress considers health care legislation, it must first commit to 
        protecting patients from the over-zealous cost cutting conduct of some 
        HMOs;
Whereas there are several high-quality managed care plans who have endorsed the 
        passage of legislation similar to the Patients' Bill of Rights (H.R. 
        3605), because they recognize the need for enforceable Federal standards 
        that reflect the practices of good plans;
Whereas public opinion polls show the American public is overwhelmingly in favor 
        of managed care reform, including improved information disclosure, 
        access to emergency care, a ban on gag rules, access to appropriate 
        specialists, and third-party appeals;
Whereas while the States have done an excellent job regulating health plans 
        within their jurisdiction, over 120,000,000 Americans are enrolled in 
        ERISA plans that are beyond the reach of State regulation;
Whereas ERISA is a regulatory vacuum, with inadequate patient safeguards;
Whereas ERISA shields group health plans from being held responsible for the 
        consequences of their actions;
Whereas group health plans, which make life-and-death decisions, cannot be held 
        accountable for their negligent conduct in State court; and
Whereas the State of Texas recently enacted a law to provide patients with that 
        remedy, and the cost to health plans is very small: Now, therefore, be 
        it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that before adjourning sine die, 
Congress should pass health care legislation that will--
            (1) improve the quality of managed health care plans;
            (2) provide for Federal enforcement of these rights and 
        responsibilities; and
            (3) ensure that doctors and patients, not health plan 
        accountants, make medical decisions.
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