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NEWS RELEASE
COMMITTEE ON ENERGY AND COMMERCE DEMOCRATS
Congressman John D. Dingell, Ranking Member


For Immediate Release
July 9, 2001

Contact: Laura Sheehan
202-225-3641

House Energy and Commerce Committee Ranking Member
and Dean of the House of Representatives
John D. Dingell (MI)
Delivers Democratic Radio Response

"Good morning, this is Congressman John Dingell from Michigan. Last week, the Senate passed a bipartisan patients’ rights bill that will afford basic protections and rights to all of the 191 million Americans in health plans. And, soon, the House of Representatives will be taking up similar legislation I introduced with my two good friends and Republican colleagues, Dr. Norwood and Dr. Ganske."

"Under our bill, you will have access to emergency rooms and the right to see your gynecologist or oncologist when you deem it appropriate, not when your HMO permits it. You will have the right to select your child’s doctor or pediatrician as their primary care physician. You will have access to clinical trials, and to specialty care and prescription drugs if you need them. In short, you will have the rights and protections that have too long been denied by HMOs."

"Despite overwhelming bipartisan and public support for this bill, the President has threatened to veto this popular legislation and the insurance industry has launched a well financed,all-out attack to ensure its demise. When the President and other opponents of our bill argue that it is a trial lawyers’ bill of rights that will cause skyrocketing costs and employers to drop health coverage - this is a gross and deliberate misrepresentation of the fact."

"First, trial lawyers will not benefit from our bill, patients will. Our bill is similar to legislation Texas enacted in 1997. In the five years since it passed, only 17 cases have been filed in court: lawyers in Texas aren’t getting rich by filing lawsuits against negligent HMOs. But patients are getting better treatment. Why? Because HMOs in Texas no longer have the equivalent of diplomatic immunity."

"Second, costs will certainly not skyrocket. According to the Congressional Budget Office, our bill will cause a slight rise in health care fees -- approximately 4.2 percent over 5 years. That’s the equivalent of 1 Big Mac or 1 Happy Meal a month. That’s a small price to pay to ensure that you have fundamental rights regarding your healthcare."

"Third, employers will not drop health care for fear of being sued. No one, least of all me, wants to see employers saddled with frivolous lawsuits. Which is why under our bill, only employers who make medical decisions can be held responsible."

"The President would prefer that all lawsuits involving negligent HMOs be handled in federal court, where injured patients would have to travel far from home and wait in a long line behind criminals and other miscreants to have their cases heard. This is wrong, and we reject it."

"Under our bill, patients who are irreparably harmed or killed as a result of a negligent HMO can seek justice in their state court close to home where medical malpractice suits have always been traditionally heard. You wouldn’t take your doctor to federal court for removing the wrong kidney, and you shouldn’t take your HMO to federal court if they deny care and you lose your leg or your life."

"Mr. President, our bill has the strong support of patients, doctors and nurses throughout this great nation. Not to mention the support of more than 500 patient and consumer advocacy groups and all of organized labor. These Americans understand that all Americans deserve the rights and protections afforded by our bill."

"Mr. President, you didn't sign the Texas bill, but you did let it become law, and patients all over Texas are grateful. I hope that patients in every state will soon have a reason to be grateful as well."

"Once we guarantee a good, basic level of health care for patients, I hope, Mr. President you join with Congress in working to address the next health care issue facing this nation, insuring those who are uninsured."

"This is Congressman John Dingell. Thank you for listening."

 

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