[Congressional Record (Bound Edition), Volume 151 (2005), Part 7]
[Extensions of Remarks]
[Pages 9364-9365]
[From the U.S. Government Publishing Office, www.gpo.gov]




        INTRODUCTION OF THE PATIENTS' BILL OF RIGHTS ACT OF 2005

                                 ______
                                 

                          HON. JOHN D. DINGELL

                              of michigan

                    in the house of representatives

                        Wednesday, May 11, 2005

  Mr. DINGELL. Mr. Speaker, today my House colleagues and I are 
reintroducing the Patients' Bill of Rights. This bill will protect 
patients from the unscrupulous activities of HMOs and hold them 
accountable if their negligent actions harm their patients.
  Although we have worked on this bill now for seven years, we have 
been thwarted at every turn by the Republican leadership, the 
Administration, and the insurance industry. We need to get this bill 
back on track.
  President Bush promised his support for such a bill during his 2000 
Presidential campaign. But in the end, it was his efforts that killed 
our bipartisan bill in 2001.
  In spite of this setback, we remain unde-terred. Working families 
have waited long enough for the rights they deserve that would be 
protected under this bill.
  We were optimistic the Supreme Court would clarify the law on the 
side of patients, allowing state HMO accountability laws to stay in 
force. But the Supreme Court ruled against patients, leaving a 
situation where at best HMOs may or may not be held accountable in 
state court and at worst HMO attorneys will use this ruling to avoid 
accountability altogether. This court decision only further underscores 
the need for action.
  Unfortunately, it appears now that some in Congress not only want to 
protect the HMO status quo, but go further, under the guise of 
``medical liability reform,'' to make it more difficult for patients to 
get justice. Such reform would not only apply to cases of medical 
malpractice by physicians, but also severely limit accountability of 
HMOs and drug manufacturers.
  We need a Patients' Bill of Rights to protect Americans from crafty 
HMO attorneys who avoid accountability by keeping victims and their 
families tied up in court for years. Without this needed legislation, 
only foreign diplomats, the mentally insane, and HMOs will be exempt 
from the consequences of their decisions.

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