[Congressional Record Volume 144, Number 40 (Wednesday, April 1, 1998)]
[Extensions of Remarks]
[Page E549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  PATIENTS' BILL OF RIGHTS ACT OF 1998

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                          HON. JOHN D. DINGELL

                              of michigan

                    in the house of representatives

                        Wednesday, April 1, 1998

  Mr. DINGELL. Mr. Speaker, I am pleased to introduce the Democratic 
Caucus' proposal to protect consumers in managed care, the Patients' 
Bill of Rights Act of 1998.
  Ten years ago, only one in seven of us would have been enrolled in 
managed care. Today, after huge and wrenching changes in our health 
care system, more than three in four Americans is now in managed care.
  No matter how prosperous or healthy our lives, all of us at some 
point become patients and find ourselves at the tender mercies of our 
health care system.
  When that happens, we are entitled to minimal rights and measures 
that will protect our health and dignity.
  That's what the legislation we're introducing today is all about.
  We have all heard the horror stories. Heart attack victims forced to 
drive miles to an approved emergency room. A woman vacationing in 
Hawaii forced to fly to her plan's participating Emergency Room in 
Chicago to get care for an emergency situation. Cardiac center's 
selected on the basis of price, not quality. Denials of treatment 
resulting in worse problems. A woman testified before our committee 
late last year about a boy who lost his leg to cancer because the 
managed care organization would not approve the necessary treatment in 
time to stop its progression.
  The legislation we propose is straightforward. It's the product of 
exhaustive and exhausting discussions involving the full range of views 
and opinions within the Democratic Party--perhaps the most diverse and 
contentious political organization ever assembled under one umbrella.
  First, our legislation says that you should get the care you need 
when you are sick. If you need to see a specialist, you can see one. If 
you have an emergency, you can go to the nearest emergency room for 
treatment. You'll be able to become part of a clinical trial if there 
is no other treatment available, and you'll be able to get non-
formulary drugs if there is cause for exceptions.
  Second, you'll be able to get the information you need about your 
plan. You'll know what is covered, what is not, how and where to get 
care, who to talk to in order to get a complaint or grievance resolved, 
what providers are in the plan and how the plan measures up in term of 
providing quality care to members.
  Third, if you've got a problem with your care, you'll know where and 
how to straighten it out. If your plan denies a treatment and you're 
harmed, you'll be able to hold the plan responsible.
  Finally, our legislation requires plans to have a program to look at 
the quality of care they provide to the people they serve.
  Ours is real, enforceable legislation. It doesn't give health care 
providers a right to bill. It gives patients a bill of rights.
  We've worked with a range of organizations on this legislation. I'm 
proud to welcome representatives of both the American Medical 
Association and the American Federation of Labor and Congress of 
Industrial Organizations in support of our efforts. That these two 
institutions are represented in support of our bill should tell you 
that this is a well-thought-out piece of legislation.
  We don't believe that managed care is inherently evil. Managed care 
has controlled costs, and improved care for its patients in many 
instances. But the excesses that spawned managed care have in turn 
produced their own excesses.
  The Patients' Bill of Rights Act is supported by the following groups 
and organizations. American Association of Retired Persons (AARP) 
[March 31, 1998 Letter]; American Cancer Society [March 13, 1998 
Letter]; American College of Emergency Physicians [March 31, 1998 News 
Release]; American Federation of Labor and Congress of Industrial 
Organizations [March 31, 1998 News Release]; American Medical 
Association [March 31, 1998 Statement]; American Psychological 
Association [March 12, 1998 Letter]; Consumers Union [March 31, 1998 
Letter]; Families USA Foundation [March 31, 1998 Letter]; HIP Health 
Plans [March 31, 1998 Letter]; Kaiser Permanente [March 31, 1998 
Letter]; National Alliance for the Mentally Ill [March 31, 1998 
Statement]; National Association of Children's Hospitals [March 31, 
1998 News Release]; and National Mental Health Association [March 13, 
1998 Letter].
  As the baseball season begins across the country, I hope that my 
Republican colleagues--many of whom have joined in cosponsoring similar 
legislation--will join in working with me and my fellow Democrats so 
that we can put a bill on the President's desk by the time that the 
baseball season draws to a close this September.

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