Editorial: Taking one step forward …

Wednesday, Feb. 7, 2001 | 9:54 a.m.

A patient's bill of rights received a boost this week when Sen. John McCain decided to sponsor the legislation. The Arizona Republican's support is seen as crucial to enlisting enough moderate and conservative senators to back the legislation, giving it a chance to pass this year. Along with McCain, some other key senators favoring the bipartisan bill are Rhode Island Republican Lincoln Chafee and Democrats John Edwards of North Carolina, Bob Graham of Florida and Ted Kennedy of Massachusetts. This bipartisan group of liberals, moderates and conservatives certainly is an eclectic mix that rarely agree on issues.

The momentum in the Senate is important since it was the upper chamber that previously had killed a patient's bill of rights -- after the House had passed it by an overwhelming margin. But in a bitter, ironic twist, the Republican champion of the legislation in the House, Charlie Norwood of Georgia, said Tuesday he was taking his name off the bill. Why the sudden reversal? Because President Bush wants him to do so.

White House aides say Bush wants all lawsuits sent to federal courts, where monetary judgments usually are lower than those in state courts. The bipartisan bill would permit what is tantamount to as much as $5 million in punitive damages in federal courts. The bill also has no lid on state court awards. Norwood's wavering on a patient's bill of rights is surprising, especially since he hadn't flinched before when he squared off against the GOP congressional leadership, which has done everything in its power to stop Norwood's efforts. It is hoped that Norwood somehow again finds the courage that he obviously lost after his visit with White House aides.

Despite broad public support for a patient's bill of rights, it has been opposed by the powerful insurance lobby, which has been a huge benefactor to GOP candidates. So far the insurers' campaign donations, in effect, have bought them legal protection so that they can't be sued by patients -- the only industry in the United States with an exemption. It's time the health insurers lived by the same rules just like anyone else -- they, too, should be accountable if they harm someone. This bipartisan legislation could finally restore some balance to the relationship between a patient and his HMO.