[Weekly Compilation of Presidential Documents Volume 37, Number 6 (Monday, February 12, 2001)]
[Pages 269-270]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Letter to Congressional Majority Leaders on the Patients' Bill of Rights

February 7, 2001

Dear Mr. Speaker:  (Dear Mr. Leader:)

    I was grateful for the opportunity to meet with you last month at 
the White House to discuss our shared goal of passing a strong Patients' 
Bill of Rights. Over the last two weeks my staff and I have met with 
Members of Congress from both parties, and I believe that we have an 
opportunity to work together

[[Page 270]]

to enact legislation this year to address this important issue. I am 
writing to ask for your support, and for the support of all Members of 
Congress, for a bipartisan Patients' Bill of Rights to provide all 
Americans with protections in managed care.
    As Governor of Texas, I worked with Democrats and Republicans to 
enact some of the strongest patient protection laws in this country. My 
goal now in seeking Federal legislation is simple: I want to ensure that 
all patients receive needed medical care and that doctors are allowed to 
make medical decisions.
    To achieve these goals, patients should have the right to an 
independent medical review of a health plan's decision to deny care. 
This review should be conducted by medical experts outside the health 
plan and must be binding on the health plan. I also believe that, 
following an independent medical review of a health plan's decision to 
deny care, patients who have been wrongly denied medical care should be 
allowed to hold their health plans liable in Federal court.
    I cannot support a plan, however, that encourages unnecessary or 
frivolous litigation. Expensive litigation, and the resulting rise in 
health care costs, would only make it more difficult for Americans to 
afford health care coverage in the first place. I believe it is possible 
to provide patients a meaningful remedy when they have been wrongly 
denied care, without causing other Americans to lose coverage. A 
responsible remedy for patients should protect employers from the high 
costs of being subject to multiple causes of action in multiple venues 
and should provide a reasonable cap on damages.
    As you requested, I have enclosed the principles by which I will 
gauge any piece of Federal legislation. I do not believe that any bill 
currently before the Congress meets all of these principles. However, I 
applaud the efforts of Members on both sides of the aisle who have 
stepped forward to address this issue. I believe we can work together to 
reach bipartisan agreement this year on a strong Patients' Bill of 
Rights that protects all Americans, does not override the patient 
protections already adopted by states, and avoids costly litigation.
    I look forward to working with you and all Members of Congress to 
enact these principles into law as soon as possible. I also look forward 
to working with you to provide access to health care for the millions of 
Americans without health insurance.
     Sincerely,
                                                George W. Bush

Note: Identical letters were sent to J. Dennis Hastert, Speaker of the 
House of Representatives, and Trent Lott, Senate majority leader.