In a unanimous decision, the Court ruled that patients cannot sue managed care companies in state court whose refusal to pay for or provide doctor-recommended treatment resulted in the death or injury of a patient.  This decision revokes the laws that ten states have passed allowing patients to sue in state court in such cases.  Furthermore, the Court’s decision relegates the physician’s medical and professional opinion to an administrative decision based on the health insurance company’s bottom line. 

Three years ago, the Congress had the opportunity to settle this matter and do what is right for patient care and accountability.  Unfortunately, partisan politics entered the debate and profits continued to be placed above patient care. 

Fortunately, those of us in Congress who are greatly concerned about the Court’s decision are taking action.  This week, I signed on as a co-sponsor to H.R. 4628, a bipartisan patients’ rights bill that passed in the U.S. Senate in 2001.  Because the Court did not uphold the right of states to protect the health care of their residents, federal action is again needed. 

This legislation ensures that patients have access to basic and standard care, the ability to see their own doctor, the ability for a doctor to make decisions based on sound medical principles, the right to a fair, independent external review process if an HMO denies a patient’s access to necessary care, and the right for patients to hold their health plan accountable if their HMO’s negligent medical decision has resulted in injury or harm. 

Passing a Patients’ Bill of Rights is simply an issue of one’s right to seek justice. If a patient is harmed by a negligent act caused by an HMO, he or she deserves the right to hold their HMO accountable. 

Our judicial system exists to defend those who are innocent, punish those who cause harm, and provide adequate remedies to those who are civilly wronged. As your United States Representative, I will not stop fighting   until your rights as patients are adequately protected.