Rep. Henry Waxman - 29th District of California

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The 29th District
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In Washington, D.C.
2204 Rayburn House Office Building
Washington, D.C. 20515
(202) 225-3976 (phone)
(202) 225-4099 (fax)

In Los Angeles
8436 West Third Street, Suite 600
Los Angeles, CA 90048
(323) 651-1040 (phone)
(323) 655-0502 (fax)

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Issues and Legislation

Health - Patients' Bill of Rights

Patients´ Bill of Rights

Introduction

Public concerns about the quality of care and individual attention offered by managed care plans such as HMOs have been growing steadily. Increasing numbers of Americans have been denied important treatments and had no recourse to appeal these decisions. Health care plans have "gagged" doctors from telling their patients about treatment alternatives. Patients have been denied permission to see specialists. According to one national survey, close to half of all Americans have personally experienced, or know someone personally who has experienced, such problems with managed care coverage.

As the author of the HMO Amendments of 1987 (Public Law 100-517), Congressman Waxman believes that the Federal government should maintain broad oversight of managed care plans to complement the States' regulatory efforts. To better protect American consumers who receive health care through managed care plans, Congressman Waxman supports H.R. 358, "The Patients' Bill of Rights Act of 1999."

Background

In March 1997, President Clinton established the Advisory Commission on Consumer Protection and Quality in the Health Care Industry, which recommended a Consumer Bill of Rights. The Commission concluded that important patient protections should be guaranteed, including the right to emergency care wherever and whenever a medical emergency arises; the right to talk freely with doctors and nurses about all the medical options available; and the right to internal and external grievance procedures.

In response to these findings, Representative Waxman joined a group of House Democrats led by Congressman John Dingell, in introducing H.R. 3605, "The Patients' Bill of Rights Act of 1998" in the 105th Congress. H.R. 3605 had 194 sponsors, while the companion bill in the Senate, S. 1890, was sponsored by Senators Daschle, Kennedy and 30 cosponsors.

This year, the Patients Bill of Rights has been reintroduced with 175 cosponsors as H.R. 358. The bill contains essential consumer protections while assuring that responsible, quality health care plans will be able to operate. H.R. 358 has also been endorsed by dozens of leading patient, consumer and health organizations.

Statements

July 24, 1998
Statement before the House of Representatives
Regarding the Patient Protection Act of 1998

February 24, 1998
Excerpts from a speech to the American Association of Health Plans

"The State of American Public Health"

Legislative Information

Summary of the Patients Bill of Rights Act

Section-by-section analysis of the Patients Bill of Rights Act

Side-by-side Comparison of Patients' Rights Legislation

Press Accounts

April 1, 1998 | New York Times
Congressional Democrats Unveil Patients' Rights Bill

November 28, 1998 | Associated Press
Lobbyists received $60m to fight HMO legislation

November 6, 1998 | USA Today
Election boosts chances for patients' rights bill

July 17, 1998 | Washington Post Editorial
Which Way on Managed Care?