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Text only of letters sent from the Committee on Energy and Commerce Democrats.

CONGRESS OF THE UNITED STATES
January 29, 2002

  

The Honorable George W. Bush
President of the United States
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500

Dear Mr. President:

We are writing to reinforce our commitment to work with you to enact a meaningful and enforceable Patients’ Bill of Rights. We continue to believe that it is possible to sign into law this year a bill that meets all of our principles, provides patients with the protections they need, and holds health plans accountable for their decisions.

Over the years, we have worked tirelessly to ensure that patients receive the medically necessary care they were promised when they enrolled in a health insurance plan. If a health plan promises its enrollees emergency room care, patients should be able to go to the nearest hospital in an emergency without having to get permission from the plan first. If a health plan promises access to cutting-edge medical treatment, patients should be able to receive that treatment when they need it. And if a health plan promises the best care for children, enrollees should be able to take their chronically ill children to the doctor or hospital with the appropriate experience and expertise without having to jump through hoops or wait weeks for an appointment. People who buy health insurance bank on the fact that their health plan will take care of them and their families if they get sick or injured.

We need to pass a Patients’ Bill of Rights because, unfortunately, health plans do not always keep their promises. We have heard reports from scores of Americans whose health plans did not deliver the care these patients were owed. Worst of all, a quirk in the law that governs health plans has resulted in a situation where patients have no access to adequate recourse when they are injured or killed by the actions of their plan. The effect is that health plans can fail to deliver the care they advertise without being held accountable.

Health plans play a different role than they did when the laws governing them were written. Health plans do more than simply pay the bills; they make the same medical treatment decisions that physicians, nurses, and hospitals do. Accordingly, it is time that they be held accountable for those decisions in the same manner as other health professionals.

We all agree that patients should be guaranteed basic protections, such as access to emergency care, access to specialists, and the ability to participate in potentially life-saving clinical trials. However, some key differences remain between the two bills that passed the House and Senate. In particular it is critical to enforcing these rights that we be certain that there be proper accountability. Accountability is what will ultimately make health plans keep their promises.

While these differences exist, we do not believe that they are insurmountable. We trust that you are committed to enacting a real Patients’ Bill of Rights that all of us have promised to America’s patients. We look forward to working with you and having a bill signed into law this year.

Sincerely,

GREG GANSKE
JOHN D. DINGELL
MARION BERRY
ROBERT E. ANDREWS
JOHN McCAIN
JOHN EDWARDS
TED KENNEDY

 

Prepared by the Committee on Energy and Commerce
2125 Rayburn House Office Building, Washington, DC 20515