Cardin Votes Against House Patients' Rights Bill

WASHINGTON – Rep. Benjamin L. Cardin joined with 202 other House members in voting against the patients' rights bill that had been worked out by Rep. Charles Norwood and President George Bush. "Unfortunately, the legislative ‘deal' reached by Rep. Norwood and President Bush would shield HMOs from the consequences of irresponsible medical decisions and eliminate essential patient protections already enacted by many states.

The Congressman, author of the emergency services and external review provisions of the Ganske-Dingell Bipartisan Patient Protection Act, criticized the amendments allowed by the Republican leadership as a "raw deal for patients." The Congressman when on to say: "Patients will be protected only if there is a strong enforcement mechanism. The Bush/Norwood amendment fails to guarantee enforcement rights, which are key to any meaningful legislation. Under the Bush/Norwood amendment, patients will have to overcome legal hurdles so high that it would be almost impossible to obtain relief from the courts."

Rep. Cardin noted that the Bush/Norwood deal would override internal and external appeal laws that have been enacted in 41 states, including Maryland. "Ganske-Dingell protects Maryland's law, which has worked well since 1999. The Bush/Norwood ‘deal' guts Maryland law and represents a huge step backward for our state," he said.

The Congressman also voted against another GOP-sponsored amendment that would permit the creation of Association Health Plans (AHPs), entities that eliminate state-passed managed care laws, and undercut state small group market reforms that have enabled many small employers provide health insurance. "These provisions don't help the uninsured problem; in fact, they exacerbate the very patient protection issues that so many states have already successfully addressed," he said.

In fact, the Congressman said, Steven B. Larsen, the Maryland Insurance Commissioner, had written him that the legislation "will serve to undercut the significant success we have had in Maryland's small group market reforms."