[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Extensions of Remarks]
[Pages E1752-E1753]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            IT'S TIME TO CONSIDER A PATIENTS' BILL OF RIGHTS

                                 ______
                                 

                           HON. DENNIS MOORE

                               of kansas

                    in the house of representatives

                        Thursday, August 5, 1999

  Mr. MOORE. Mr. Speaker, the people of Kansas' Third District sent me 
to Washington, D.C., to represent their concerns and do all I can to 
address major, pending federal issues. For this reason, I was very 
disappointed when it became apparent in the last few days that the 
House would not be considering proposals to enact a Patients' Bill of 
Rights.
  One of my first actions as a freshman Member of Congress was to join 
as an original cosponsor of H.R. 358, the Patients' Bill of Rights. 
This important legislation will ensure basic rights for patients and 
give them the protections they deserve. While the majority was unable 
to reach the consensus necessary within their caucus to bring a 
proposal in this area before the House for consideration this week, I 
am pleased that Commerce Committee Ranking Democrat John Dingell has 
continued active discussions with three members of the majority who are 
physicians--Doctors Ganske, Coburn and Norwood--in an attempt to reach 
a bipartisan consensus on a proposal to provide meaningful protections 
for managed care patients and physicians.
  I also want to bring to the attention of my colleagues a recent 
newspaper column by Steve Rose, the chairman of Sun Publications, which 
publishes the Johnson County Sun and several other newspapers that 
serve my congressional district. I commend to everyone Mr. Rose's 
commentary regarding the real-world problems that indicate a need for 
enactment this year of a Patients' Bill of Rights.


[[Page E1753]]



                         Darla Wants Her Rights

       My good friend Darla is all for the Patients' Bill of 
     Rights. She's had it up to here and won't take it anymore.
       Just last week, Darla called her doctor to ask if he 
     thought it might be a good idea for her to try a new 
     medication on the market called Celebrex, for her arthritis. 
     Darla also has a stomach disorder, ulcerative colitis, so she 
     has to be careful of side effects.
       Her doctor thought Celebrex was a good medication to try, 
     at first in a small dose. So, he called the pharmacy in 
     Overland Park and ordered a 30-day supply. When Darla arrived 
     at the counter, however, she met trickled-down red tape, 
     straight from the insurance company.
       The pharmacist explained that the health insurance provider 
     had denied the prescription until Darla tried a generic brand 
     first.
       ``What's the difference between the generic drug and 
     Celebrex?'' asked Darla. The pharmacist replied, ``They're 
     about the same, except the generic drug can be a little 
     harder on your stomach.''
       ``That won't do,'' replied Darla, ``I have ulcerative 
     colitis, and I can't stand any medications that irritate the 
     stomach.''
       The pharmacist was sympathetic, but there was nothing to be 
     done. Darla was advised to consult her doctor, who could 
     contact the insurance company.
       That's exactly what Darla did. She called her doctor and 
     explained what had happened.
       Said the doctor, ``I'll contact the insurance company, and 
     get this resolved.''
       A day later, Darla got a call from her doctor.
       ``I just spent an hour-and-a-half on the phone with the 
     insurance company,'' said the doctor. ``I could not speak 
     with anyone with any medical background. After being put on 
     hold three times, and being switched from one person to 
     another, all I got was a clerk who wouldn't budge. I lost.''
       Darla is still fuming.
       There are millions of Darlas out there. And when the 
     President calls for a Patients' Bill of Rights, he has a lot 
     of folks clapping.
       Ironically, the President's proposal would do nothing for 
     Darla. It only addresses mandatory emergency room care, an 
     appeals process when insurance companies deny critical 
     procedures, and the right of patients to sue insurance 
     companies.
       Nonetheless, Darla figures, probably correctly, that if 
     this first Bill of Rights can be passed, it undoubtedly will 
     be amended later to deal with some of her issues.
       Insurance companies will scream that governments' 
     intervention will only drive up health care costs. And 
     they're probably right.
       But if you asked Darla, she would be glad to pay a little 
     more to let the insurance companies know they cannot just 
     roll over her, or her doctor.
       The Bill of Rights cure might be worse than the insurance 
     disease, but Darla is so frustrated, she says she's willing 
     to take that risk.

     

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