[Congressional Record Volume 144, Number 98 (Tuesday, July 21, 1998)]
[House]
[Page H5963]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AMERICANS NEED A PATIENT BILL OF RIGHTS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 21, 1997, the gentleman from Maine (Mr. Baldacci) is recognized 
during morning hour debates for 5 minutes.
  Mr. BALDACCI. Mr. Speaker, I am pleased to rise this morning to 
discuss one of the most important issues facing this Congress, the need 
to adopt a meaningful, comprehensive Patient Bill of Rights. For too 
long patients have been forced to wage lonely battles against sometimes 
callous managed care companies. We have heard too many cases where 
insurance actuaries, not doctors, make the final decision about a 
patient's medical care. This is wrong, and we must change it.
  For years we have tried to help in the health care debate, and we 
have tried to adjust here or there to try to help people, working 
families, throughout Maine and America. Constantly the boxes have 
changed, and as soon as we try to work on something, the managed care 
companies figure out a way around it.
  The best thing that we can do is to give every single American a bill 
of rights as it pertains to their health care policies, so regardless 
of whether the company is putting forward a PPO, an HMO, or whatever 
they wanted to call it, every single American will have a bill of 
rights as it pertains to their health care, so they will have their 
rights, regardless of the policies that a company or individual 
government entities would like to put forward; every American would 
have these basic rights.
  It is a very important issue for all Americans. As they are being 
denied care in emergency rooms, as they are being denied the proper 
drug treatment that has been prescribed by a physician, and as they 
have been having insurance company bureaucrats making medical decisions 
and determining where and when and what type of health care individuals 
should receive, then those insurance companies, those insurance company 
bureaucrats, ought to be held medically liable. If physicians have to 
get medical malpractice insurance to protect themselves in their 
duties, and if insurance company executives are going to make those 
same decisions, they should also be held medically liable for that 
decision.
  In my State, where there are many seniors that require many 
prescription drugs, between Parkinson's and other types of drugs that 
must be taken, they are expensive, and physicians are saying that the 
right treatment, the right mix has to be given. If it is upset or they 
cannot use the right medications, it is going to upset that person's 
health care.
  In many cases, insurance companies give lists of drugs that can be 
given, and no other drugs. In order to appeal those decisions, to have 
the right treatment, we need to make sure that we have an enforcement 
mechanism, holding people medically responsible if they are not going 
to give seniors the types of prescription medication they need to have.
  As far as information, it is so vitally important that a patient have 
the information as to their health care, as to their needs, and not to 
have that information kept from the patient because of the agreements 
and contracts that have been worked out behind the scenes between 
insurance companies and between some physicians. We as patients, as 
health care consumers, need to have that information.
  I think this is a very important piece of legislation. I have signed 
the discharge petition that Members have signed to force this issue, in 
an unprecedented move to have over 218 Members forcing this issue to be 
debated before this House this week, because it is the most important 
issue in America today, to make sure that people have an individual 
Patient Bill of Rights, regardless of the health care they are being 
offered.
  We must have this. It is a bipartisan effort. It knows no party. It 
is supported throughout America by Republicans, Democrats, 
Independents, people of all political stripes. It is something we need 
to do.
  In my own State of Maine, where we have approximately 1.2 million 
people, over 200,000 are unrolled in HMO plans, and more is yet to 
come. Medicare is being formed into managed care. Other types of 
insurance companies and business are grouping together.
  It is so important and imperative that we get this passed by this 
Congress this week. If they are going to make the decisions which harm 
individuals, then insurance companies are going to have to be held 
medically responsible and medically liable if they are going to be 
making these decisions. This will make sure that insurers are 
accountable for their actions.
  As we become increasingly dependent upon computers and computerized 
records, this legislation makes important steps towards insuring 
confidentiality of medical records. We cannot allow the misuse of 
private medical information.

  Finally, I am pleased that this bill takes steps to insure that plans 
which cover the drugs are going to cover all drugs which are medically 
indicated.
  Later this week we are going to have an opportunity to vote on this 
plan offered by our Republican colleagues. While I am pleased that they 
have offered a plan, their plan leaves many millions uninsured and 
uncovered. I believe their plan comes up short because not only does it 
leave them uncovered, but it also does not have an enforcement 
mechanism to hold the insurance company and team making the decision to 
a responsible treatment and liability.
  This is a bipartisan, comprehensive bill that will give Americans 
meaningful rights.

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