NEWS RELEASE
COMMITTEE ON ENERGY AND COMMERCE DEMOCRATS
Congressman John D. Dingell, Ranking Member

Dingell to Introduce Patients' Rights Bill
After Supreme Court Sides with HMOs

Washington, D.C. - In response to the Supreme Court decision today limiting the rights of individuals to hold HMOs responsible for negligent decisions that result in injury or death, Congressman John D. Dingell, Ranking Member of the Committee on Energy and Commerce, announced he would join with other Democrats to reintroduce the Patients' Bill of Rights to establish minimum federal law protections to permit patients injured by health plans to seek redress under state laws that provide additional health care protections for patients.

"HMOs, foreign diplomats and the mentally insane are the only people in this country who are exempt from the consequences of their decisions," said Dingell. "In 2000, the Court clarified that when HMOs make medical decisions, they can be held accountable under state laws. Today the Court made another attempt to clarify that position. Now, we need to do our job and legislate to clear the air, otherwise the Supreme Court will have to act over and over again."

Dingell plans to reintroduce the Patients' Bill of Rights in the form passed by the Senate in 2001. Under the Patients' Bill of Rights, patients will be guaranteed certain rights under their health insurance plans including:

• Basic standards for access to care, including clinical trials;
• The ability to gain access to their own doctor, and doctors able to communicate with the patient without fear of HMO retaliation;
• Medical decisions about patient care will be made by doctors according to sound medical principles, not HMO bureaucrats;
• A fair, independent external review process if needed care is denied by their HMO;
• The right to hold their health plan accountable if their HMO's negligent medical decision resulted in injury or harm.

"The real tragedy of this situation is that Congress never finished its work on the Patients' Bill of Rights in 2001," said Dingell. "We're now in the untenable situation that each case will come to the Court for clarification. Patients injured or killed as a result of their HMO's negligence need a clear road map for action and accountability and without legislation, crafty HMO attorneys will continue to tie families up in court for years to avoid accountability."

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