NEWS RELEASE
Committee on Energy and Commerce Democrats
Congressman John D. Dingell, Ranking Member

Dingell Will Keep Fighting for Patients’ Rights

Washington, D.C. - Today Congressman John D. Dingell, Ranking Member of the Committee on Energy and Commerce, along with several Democratic colleagues reintroduced the Patients' Bill of Rights to establish minimum Federal law protections to permit patients harmed by their health plans to seek redress under state laws.

“If HMOs want to continue to play doctor then they should be held accountable like a doctor,” said Dingell. “Patients injured or killed as a result of their HMO’s negligence still have no way to hold that HMO accountable, so until the law is updated to reflect the needs of today’s patients, I will continue to fight for their rights.”

The bill introduced today is based on the Patients’ Bill of Rights Act passed by the Senate in 2001. The Patients’ Bill of Rights would guarantee patients certain rights under their health insurance plans including:

Basic standards for access to care, including clinical trials;

• The ability to see the doctors they need, and give doctors the freedom to communicate with their patients without fear of HMO retaliation;
• Medical decisions about patient care will be made by doctors according to sound medical principles, not HMO bureaucrats;
• A fair, independent, external review process if needed care is denied by their HMO;
• The right to hold their health plan accountable if their HMO's negligent medical decision resulted in injury or harm.

Dingell has been pushing for a Patients’ Bill of Rights for the past seven years. President Bush promised his support for such a bill during his 2000 Presidential campaign, but it was his efforts that ultimately killed a bipartisan bill in 2001. In another setback for patients, the Supreme Court last June failed to affirm the rights of individuals to hold HMOs responsible for negligent decisions that result in injury or death.

“The Supreme Court decision last summer further underscores the need for action,” said Dingell. “Congress should have resolved this injustice years ago. Without legislation, crafty HMO attorneys will continue to find ways to avoid accountability and tie families up in court for years.”

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