[Congressional Record Volume 165, Number 114 (Tuesday, July 9, 2019)]
[Senate]
[Pages S4732-S4733]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 273--EXPRESSING THE SENSE OF THE SENATE WITH RESPECT 
                         TO HEALTH CARE RIGHTS

  Mr. MERKLEY (for himself, Mr. Menendez, Mr. Schatz, Ms. Baldwin, Mrs. 
Shaheen, Mr. Murphy, Mr. Sanders, Ms. Hassan, Mr. Cardin, Mr. Durbin, 
Mr. Blumenthal, Mrs. Gillibrand, Ms. Duckworth, Mr. Brown, Ms. 
Klobuchar, Ms. Warren, Mr. Markey, and Mrs. Feinstein) submitted the 
following resolution; which was referred to the Committee on Health, 
Education, Labor, and Pensions:

                              S. Res. 273

       Resolved, That it is the sense of the Senate that all 
     people of the United States have the right--
       (1) to affordable health insurance coverage, including--
       (A) the right of individuals with pre-existing conditions 
     to secure health insurance with the same terms, benefits, and 
     price as individuals who do not have pre-existing conditions;
       (B) the right to a comprehensive set of essential health 
     benefits in the individual and small group markets;
       (C) the right to stay on a parent's policy until age 26 for 
     young adults who meet certain requirements;
       (D) the right to keep health coverage after getting sick, 
     even if the individual made an honest mistake on his or her 
     insurance application;
       (E) the right to use an individual's own resources to 
     purchase and pay for treatment or services; and
       (F) the right to a cap on the yearly deductibles and other 
     out-of-pocket costs an individual is required to pay for 
     covered services under a health insurance plan;
       (2) to coverage and access to health care services, 
     including--
       (A) the right to health insurance coverage regardless of an 
     individual's pre-existing medical conditions or health 
     status;
       (B) the right to certain preventive screenings without 
     paying out-of-pocket fees or copayments;
       (C) the right to health insurance that provides value 
     relative to the premium cost;
       (D) the right to be held harmless from surprise medical 
     bills;
       (E) the right to coverage of mental health and substance 
     abuse services with no annual or lifetime limits (including 
     behavioral health treatment, mental and behavioral health 
     inpatient services, substance use disorder treatment);
       (F) the right to mental health and substance abuse benefits 
     without financial, treatment, or care management limitations 
     that only apply to such benefits;
       (G) the right to access all smoking cessation medications 
     that are approved by the Food and Drug Administration;
       (H) the right to choose a provider, and to receive an 
     accurate list of all participating providers;
       (I) the right to access doctors, specialists, and 
     hospitals;
       (J) the right to emergency medical services without--
       (i) preauthorization for emergency services;
       (ii) extra administrative hurdles for out-of-network 
     emergency services; or
       (iii) higher cost-sharing for out-of-network emergency 
     services than in-network emergency services;
       (K) the right to affordable medications;
       (L) the right to physical, mental, and oral care;
       (M) the right to a treatment plan from provider for a 
     complex or serious medical condition;
       (N) the right to go directly to a women's health care 
     specialist (including obstetricians and gynecologists) 
     without a referral for routine and preventive health care 
     services;

[[Page S4733]]

       (O) the right to a full scope of reproductive health 
     services, including contraceptive care, pregnancy-related 
     care, prenatal care, miscarriage management, family planning 
     services, abortion care, labor and delivery services, and 
     postnatal care;
       (P) the right to breastfeeding support, counseling, and 
     equipment (including manual and electric pumping equipment);
       (Q) the right to prescription medications and medical and 
     surgical services related to gender transition;
       (R) the right to try investigational drugs;
       (S) the right to a second medical opinion;
       (T) the right to home care services;
       (U) the right to a full scope of hospice and palliative 
     care, and end-of-life options; and
       (V) the right of pediatric patients to a full scope of 
     services offered to adult patients;
       (3) to health information and records privacy;
       (4) to explanations of coverage decisions, including--
       (A) the right to an explanation and appeal if a plan denies 
     payment for a medical treatment or service;
       (B) the right to an internal appeal of payment decisions of 
     private health plans if the health plan refuses to make a 
     payment;
       (C) the right to a review by an outside review, by an 
     independent organization; and
       (D) the right to complain, through grievances processes;
       (5) to transparency, including--
       (A) the right to an easy-to-understand summary of benefits 
     and coverage;
       (B) the right to at least 30 days' notice if an insurer 
     cancels coverage;
       (C) the right to clear justification and explanation for 
     premium increases that are unreasonable;
       (D) the right to know how an enrollee's plan pays its 
     providers;
       (E) the right to give informed consent and understanding 
     about medical conditions, risks and benefits of treatment, 
     and appropriate alternatives;
       (F) the right to know how drug companies set drug prices; 
     and
       (G) the right to know the amount of money pharmacy benefit 
     managers keep and the amount of savings from pharmacy 
     benefits managers that reach patients and consumers;
       (6) to protection from discrimination, including on the 
     basis of race, color, national origin, sex (including sexual 
     orientation and gender identity), age, disability, or 
     documentation status; and
       (7) to culturally appropriate care, including health care 
     services in a language that the patient understands and that 
     is culturally sensitive.

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