[Congressional Record Volume 144, Number 98 (Tuesday, July 21, 1998)]
[House]
[Pages H6066-H6067]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PATIENTS' BILL OF RIGHTS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Texas (Ms. Jackson-Lee of Texas) is recognized for 5 
minutes.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, there are times when issues 
impacting this country and the concerns of Americans and the concerns 
of our constituents, in this instance, my constituents in Houston and 
those in Texas, really grab hold of us. Frankly, I think the debate 
that we will have this week on the question of the Patients' Bill of 
Rights is one that really goes directly to the heart of the matter. 
Frankly, it is no issue to take lightly; it is no issue to take 
frivolous sides, to be partisan and to not come to a resolution. It is 
a very serious discussion.
  Mr. Speaker, I am saddened by the fact that we have now thrown the 
gauntlet down on the Republican legislation and the Patients' Bill of 
Rights. I say Republicans over here, and the Patients' Bill of Rights, 
because that legislation truly represents what the American people 
want. It is disappointing to me that this House would rise to do 
something as important as answering the concerns of so many Americans 
about the abuses of HMOs and to design legislation with absolutely no 
hearings. I am very gratified today, however, that Democrats saw fit to 
hold hearings so that testimony could be heard in this Congress on the 
tragedy of some of the abuses of HMOs.
  I think it is important to emphasize the positive, and that is that 
the Patients' Bill of Rights is centered around a major concept, and 
that is the sanctity of the patient-physician relationship. So there is 
no intervener who comes in and says, you are denied service. There is 
no one who closes the door to an injured loved one when one comes to 
the emergency room. There is no one who says to you that this service 
is not going to be paid for.
  So many tragedies have occurred because HMOs have taken upon 
themselves to emphasize business decisions and cost decisions which 
certainly have merit for more efficient medical care, but they have 
decided to do that over the needs of those who need the kind of care 
that is important in America.
  We have had women who have been denied the use of an OB-GYN as a 
primary caretaker. We have had people who have been turned away from 
the emergency rooms. We have had doctors who have been intimidated by 
bureaucrats in some other State saying, no, that service is denied. We 
have had those doctors and nurses who want to give real quality care 
being refused the ability to serve their respective patients, and then 
we have had a very funny system: Well, if you do not like what the HMOs 
have done, why do you not just appeal? Mr. Speaker, 2 weeks at a time 
to take an appeal. The Patients' Bill of Rights gives a little extra 
clout to the patient.
  Mr. Speaker, we stand on the side of those who are intimidated and 
who are denied the service by giving them the ability to sue the HMOs. 
Is that the anchor of our legislation? Absolutely not. But we do 
recognize that the health care in America is broken and it needs to be 
fixed.
  Let me suggest to my colleagues why, because today Democrats took a 
real bold step and listened to those individuals who wanted to tell us 
what had happened to them with HMOs.
  Sharon Crossley of Wallingford, Connecticut. In 1997, Sharon was 
diagnosed with breast cancer. Four days before her surgery was 
scheduled, the HMO medical review doctor denied that surgery. After 
making countless calls to her HMO, she was told by a customer service 
agent that if she did not agree with her medical review doctor's 
decision, she could follow the internal written appeals procedure. HMO 
members were not allowed to speak to the medical review doctor. Time 
was running out. Sharon was 3 weeks into biopsy, and after a biopsy is 
performed, there is only a 3 or 4 week window to take the next course 
of action. Sharon contacted a local Member of Congress who got her the 
surgery.
  In 1989 Florence and Wayne Cocoran tragically lost their baby boy 
when Florence's managed care plan denied hospitalization over her 
obstetrician's objections during her eighth month of high-risk 
pregnancy. Florence was faced with a high-risk pregnancy; her 
obstetrician ordered her hospitalized, as she had been successfully in 
a previous high-risk pregnancy, which resulted in a healthy baby, yet 
her managed care company overruled her doctor and denied the 
hospitalization, even though they had a second opinion

[[Page H6067]]

agreeing with the doctor's advice. Instead, Cocoran's insurer ordered 
home nursing for only 10 hours each day. During the last month of 
Cocoran's pregnancy, when no nurse was on duty, the baby went into 
distress and the baby died.
  The Republican plan leaves out 100 million Americans who need medical 
insurance and medical coverage.
  Mr. Speaker, I simply say, let us pass a real Bill of Rights for the 
patients of America. Let us stand with those who count: Caretakers and 
patients and Americans.

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