[Weekly Compilation of Presidential Documents Volume 37, Number 6 (Monday, February 12, 2001)]
[Pages 270-271]
[Online from the Government Publishing Office, www.gpo.gov]

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

February 7, 2001

Dear Leader:

    I am writing 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 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.

[[Page 271]]

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.
    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 Thomas A. Daschle, Senate minority 
leader, and Richard A. Gephardt, House minority leader.