Currently in the United States, only diplomats and HMOs are free from suits.
The patients’ bill of rights bill, passed by the Senate Friday, will eliminate HMOs from that elitist category.
The bill, set to face harsh partisan criticism in the House of Representatives, will give 200 million Americans health care protections and grant them the rights to sue their HMOs.
This is a law long needed in our country, and comes at a time when medical decisions are made more by HMOs than the medical professionals who provide the best care.
President Bush is threatening to veto the current bill, and critics argue about the excessive damage amounts a suit can pile onto a health care provider. They also claim rising suits will increase the cost of insurance, leaving more workers uninsured.
That has been proven false.
In states where similar bills are already in place (California, Georgia, Texas, West Virginia), it has been proven that HMOs can be held accountable without insurance premiums rising or people losing their coverage.
A Republican version of the bill placed a cap on pain and suffering damages, and disallows any punitive damages.
The Democratic version that was passed places a cap of $5 million on punitive damages and no limit on pain and suffering.
As far off as the two parties appear, there has to be a compromise in there somewhere.
There is no reason an insurance company should be sued into bankruptcy, and a provision protecting this should be placed in the final bill.
And as arbitrary as caps are, there should be some kind of limit to what a person can receive from a lawsuit.
It’s now time for both parties to get together and come up with a compromised bill that will hold HMOs accountable, and put the power of medical care back into the hands of doctors.
editorialboard: Michelle Kann, Tim Paluch, Zach Calef, Ruth Hitchcock, Cavan Reagan
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