[Congressional Record Volume 147, Number 111 (Thursday, August 2, 2001)]
[House]
[Page H5182]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  PATIENTS' BILL OF RIGHTS FAVORS HMOs

  (Mr. GREEN of Texas asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. GREEN of Texas. Mr. Speaker, we finally have a debate today on 
the Patients' Bill of Rights but it is not a good deal. In the dark of 
night we have an agreement that is masquerading as a Patients' Bill of 
Rights, but it is a patients' bill of wrongs. For example, one proposal 
gives rebuttable presumption to HMOs, placing the burden on the 
patients to get the care they need. This provision stacks the decks 
against patients and makes it nearly impossible to prove that the HMO, 
when they are denied care, was negligent.
  Additionally, the compromise would change State law. Even in my home 
State of Texas and we have had a law for 4 years, federal law will 
change our Texas law. Texas has a meaningful patients' bill of rights 
on the books since 1997, and it has resulted in strong protections for 
both patients, doctors, and insurers. But under the Bush-Norwood plan, 
the Texas patients will have their case heard under federal law but in 
State court. So we are changing the rules in the State of Texas.
  Mr. Speaker, I know the gentleman from Georgia (Mr. Norwood) worked 
long and hard on this issue, but every compromise in this proposal is 
in favor of the HMO and not the patient. I came here to vote for a 
strong patients' bill of rights, not an HMO's bill of rights.

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