Cardin Cosponsors Bipartisan Patient Protection Act; Calls On President To Fulfill Campaign Promise On Patients' Rights

WASHINGTON -- Rep. Benjamin L. Cardin has joined a bipartisan group of House and Senate members in introducing the Bipartisan Patient Protection Act, HR 526. The Congressman also called upon President Bush to work with Congress "to enact meaningful legislation early this year."

"Quality care is not a partisan issue," said Rep. Cardin, noting that one of the very first comprehensive bills, the Patients' Access to Responsible Care Act (PARCA), was introduced in 1997 by 42 Republicans, 22 Democrats, and 1 Independent. By the end of the 104th Congress, 234 members had cosponsored PARCA, which included liability provisions. "Members of Congress have long agreed that medical decisions must be made by patients and their providers, not by insurance company accountants. When HMOs play doctor, they must be held liable for their actions," said the Congressman.

A senior member of the Ways and Means Committee, Rep. Cardin is the author of two separate bills that have been incorporated into today's legislation: the Access to Emergency Medical Services Act, which requires HMOs to reimburse emergency care under the prudent layperson standard; and the Patients' Right to Independent Appeals, which ensures that denials are reviewed on a timely basis by an qualified panel that has no financial interest in the decision's outcome. The prudent layperson standard for emergency care was enacted as part of the Balanced Budget Act of 1997 for all Medicare and Medicaid beneficiaries.

Managed care reform legislation enjoys wide support in Congress and from more than 300 consumer and provider groups. During the 106th Congress, the House passed strong, enforceable managed care reform by the overwhelming margin of 275-151.

"The American people have demanded HMO reform for years. George Bush recognized this as governor and allowed strong enforceable HMO standards to become law for Texans. He endorsed that law during the 2000 Presidential Campaign. Now, as president, he should work with Congress to enact a comprehensive patients' bill of rights for all Americans."