WASHINGTON – Rep. Benjamin L. Cardin today warned Republican House leaders " not to sabotage the bipartisan patients' rights bill" scheduled for a House vote this week. He also voiced concern that the bill backed by the Republican leadership would significantly weaken protections already granted Marylanders under state law.

"I am very troubled that the Republican bill would weaken the emergency care provisions in the bipartisan bill. I am also disturbed that their bill does not protect Maryland's external review law. In fact, their bill would allow health plans to select the review panel, making it much less likely for reviewers to overrule the health plan. If the Republican alternative becomes law, millions of Marylanders could lose the appeal rights they've had since 1999," said Rep. Cardin.

Rep. Cardin is an original cosponsor of the bipartisan Ganske-Dingell-Norwood bill, which contains strong patient protections, including coverage for emergency services, guarantees communications between doctors and patients, access to specialists, access to clinical trials, and the right to appeal plan denials to an independent, external review board. He authored both the emergency services and external review provisions of the comprehensive legislation.

The bipartisan Ganske-Dingell-Norwood bill also grants patients new rights to challenge decisions by their HMOs, including the right to sue in state court for malpractice, subject to any state caps.

The Republican bill would effectively block action in state court, where doctors and hospitals are currently held accountable, and forces patients to seek limited remedies in federal court, where it is far more difficult to achieve relief. It also prohibits punitive damages and caps pain and suffering awards at $500,000.

The Congressman also voiced concern that House Republican leaders will use "procedural tactics" such as those recently employed to derail campaign finance reform.

"I would hate to see that happen again," said Rep. Cardin. "The American people want real protections, not a political fig leaf. They believe that medical decisions should be made by doctors and patients, not insurance company bureaucrats."