[Congressional Record Volume 144, Number 69 (Tuesday, June 2, 1998)]
[Senate]
[Page S5568]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PATIENTS' BILL OF RIGHTS

  Mr. KENNEDY. Mr. President, we are now in what should be one of our 
most productive and thoughtful legislative periods this year. Many 
important items are pending before the Senate, and there is no reason 
to believe that we cannot successfully address each of them. We must 
act to protect the nation's children from tobacco, and we must move 
forward on appropriations and authorization bills. But, there are many 
other important measures waiting to be brought to the floor. Patients 
across the country are urging Congress to enact the ``Patients' Bill of 
Rights.'' I would like to take this opportunity to share with members 
of the Senate another tragic story that demonstrates the need for 
action.
  This is a story about Mrs. Peggy Earhart of Sun Valley, California. 
At the age of 63, she was being treated by her HMO for arthritis. Her 
treatment required her to visit her doctor every six to eight weeks for 
cortisone injections. During a period of treatment, she noticed a mole 
on her ankle. She brought this mole to her doctors' attention, but her 
doctor reassured her that it looked fine and she need not worry about 
it.
  Initially, she trusted her doctor's judgment. As the mole changed 
shape and color, she brought these changes to the attention of her 
doctor, who looked at the mole again and assured Mrs. Earhart that it 
was fine. On the next visit, Mrs. Earhart once again pointed out 
changes in size and color, and again, the doctor did nothing.
  Worried and exasperated, Mrs. Earhart requested a change of doctor. 
She filled out the necessary paperwork and waited--and waited, and 
waited. Six months later, the HMO finally responded, permitting her to 
see another physician. The first time she saw the new doctor, he 
examined the mole and immediately referred her to a dermatologist. The 
dermatologist took a biopsy and found that the ``mole'' was in fact a 
malignant melanoma.
  Further tests were ordered, which showed that the cancer had 
metastasized. It was then too late to treat Mrs. Earhart, and she died 
a year later.
  As this tragic story shows, the heart of the issue is providing 
patients with access to needed health care--a guarantee that patients 
shall receive the care they paid for with their hard-earned premiums.
  In talking about the rights of patients, it is no answer to simply 
say ``Let the Patient Beware.'' Purchasing health insurance is not like 
buying a car, and it never will be.
  Patients deserve to know that, if they notice something wrong and 
report it to their doctor, their health needs will be met. Mrs. Earhart 
should have been treated by the appropriate specialist, without the 
long delay that ultimately cost her life.
  Mrs. Earhart should have had access to an appropriate review 
procedure that would have allowed her to seek outside help in time. Her 
family should have been able to hold the health plan accountable for 
its actions, and for the inexcusable delay that took her life.
  The Patients' Bill of Rights provides these protections and more. The 
Senate should act on this bill as soon as possible. It has the strong 
support of more than 100 organizations, representing millions of 
patients, doctors, nurses, working families and consumers. Every day we 
delay, more tragedies like this take place. They shouldn't have to 
happen to any family, and they won't happen when this needed 
legislation is enacted into law.

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