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STATEMENT OF CONGRESSMAN JOHN D. DINGELL
RANKING MEMBER
COMMITTEE ON ENERGY AND COMMERCE


John Hancock’s signature does not make the Constitution by itself, the people do; and the President’s "John Hancock" won’t make this sham
a REAL Patients’ Bill of Rights.

-- John D. Dingell

August 2, 2001

 
I’ve worked for six years to enact a meaningful and enforceable BIPARTISAN Patients’ Bill of Rights, much of that time with Mr. Norwood.

Sadly Mr. Norwood has become more interested in getting a bill the President can sign than producing a bill that puts patients and doctors before HMOs.

I would note, John Hancock’s signature does not make the Constitution by itself, the people do; and the President’s "John Hancock" won’t make this sham a REAL Patients’ Bill of Rights.

The bottom line is it will take days to determine what exactly this amendment does, but at first blush it appears to be a step backward from current law in three ways.

First, the President and Mr. Norwood propose creating a new federal law that applies to state courts just for HMOs. Under this proposal HMOs retain their special status and cannot be held accountable for their negligent and harmful actions in the same way that your doctor or hospital is.

Second, it appears to be a step backward on the patient protection mechanisms for enforcing these rights. This simply is not acceptable.

Third, it appears to preempt state laws -- like those already in effect in California, Texas and New Jersey.

I expect that further examination will bear that out, and that more faults will be uncovered.

It is unfortunate that my Republican colleagues feel the need to steam roll this hastily drafted and questionable legislation through the House of Representatives today.

I would note that if we pass this amendment, there will be a lot of red faces in this chamber when the details become well known.

The President says the amendment before us today involved a lot of labor and a lot of discussion, but I can assure you it involved no sunlight. What we have here is yet another midnight deal that cannot stand up to the harsh light of day.

The question begs to be asked – just who is the President trying to protect with these secretive, midnight deals? Could it be the HMOs? It certainly isn’t the American people because they will not benefit from this amendment.

This is in direct opposition to everything that Dr. Ganske, Mr. Berry, and I have fought for, and I am pleased to stand with these honorable and trustworthy men to denounce this unwise amendment.

 

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(Contact:  Laura Sheehan, 202-225-3641)


 

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