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White House Releases Principles for a Bipartisan Patients' Bill of Rights
U.S.Newswire, 2/7/2001 16:38
To: National Desk
Contact: White House Press Office, 202-456-2580
WASHINGTON, Feb. 7 /U.S. Newswire/ -- The following was released
today by the White House:
PRINCIPLES FOR A BIPARTISAN PATIENTS' BILL OF RIGHTS
Patient Protections Should Apply to All Americans
A federal Patients' Bill of Rights should ensure that every person
enrolled in a health plan enjoys strong patient protections. Because
many states have passed patient protection laws that are appropriate
for their states, deference should be given to these state laws and to
the traditional authority of states to regulate health insurance.
Patient Protections Should be Comprehensive
A federal Patients' Bill of Rights should provide patient protections such as: access to
emergency room and specialty care;
direct access to obstetricians, gynecologists and pediatricians;
access to needed prescription drugs and approved clinical trials;
access to health plan information; a prohibition of ''gag clauses''; consumer choice; and
continuity of care protections.
Patients Should Have a Rapid Medical Review Process for Denials of
Care
Patients should have the right to appeal a health plan's decision
to deny care through both internal review and independent, binding
external review.
The Review Process Should Ensure that Doctors are Allowed to Make
Medical Decisions and Patients Receive Care in a Timely Manner
Slow and costly litigation should be a last resort. Patients should
exhaust their appeals process first -- allowing independent medical
experts to make medical decisions and ensuring patients receive
necessary medical care without the expense or delay of going to court.
Federal Remedies Should Be Expanded to Hold Health Plans
Accountable
After an independent review decision is rendered, patients should
be allowed to hold their health plans liable in federal court if they
have been wrongly denied needed medical care.
Patient Protection Legislation Should Encourage, Not Discourage,
Employers to Offer Health Care
Employers, many of whom are struggling to offer health coverage to
their employees, should be shielded from unnecessary and frivolous
lawsuits and should not be subject to multiple lawsuits in state
court. Increased litigation will only result in higher health care
costs, potentially forcing employers to drop employee health coverage
altogether. Only employers who retain responsibility for and make
final medical decisions should be subject to suit.
Americans want meaningful remedies, not a windfall for trial
lawyers resulting in expensive health care premiums and unaffordable
health coverage. To protect patients' rights without encouraging
excessive litigation, damages should be subject to reasonable caps.

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