Editorial: Patient rights get some life

Monday, June 18, 2001 | 9:17 a.m.

President Bush's campaign pledge to be "a uniter, not a divider" has been a bust in the early going of his administration. The White House's embracing of extraordinarily conservative views, which are far removed from the mainstream, have given the president some real problems in living up to his conciliatory vow, especially on environmental issues. Now Bush will soon face another test of his ability to bring warring sides together on another divisive matter: a patient's bill of rights.

The Senate, which recently came under Democratic control, plans this week to take up a patient's bill of rights, which for years has been stymied by Senate Republican leaders. It's not just Democrats supporting the plan, notable Republicans such as John McCain also back the bill. It also is important that last week Rep. Charlie Norwood, R-Ga., signed on to a similar Democratic measure in the House. Norwood for years had championed a patient's bill of rights, but he had held off his support this year in deference to the White House, which said it wanted to work out a compromise. But even Norwood's loyalty wore thin, finally causing him to break company with Bush on this issue. The president, who has threatened to veto a patient's bill of rights that allows lawsuits in state courts against HMOs, just wouldn't budge on this key provision.

The patient's bill of rights isn't that complicated: It's all about accountability. Currently, health insurance companies are the only businesses in the nation that are immune to lawsuits if they harm someone. No one else gets such special treatment. In light of how HMOs have wrongly denied care to patients in the past, this is an industry that needs some accountability. While the lawsuit provision is essential if a patient's bill of rights is to carry any weight, few patients would ever want to pursue this option. What they want is immediate care. The Democratic plan tries to ward off people from heading to court, requiring patients to first go to an independent review panel before seeking relief through the courts.

If there is a glimmer of hope it is that Bush has softened some of his earlier hard-line positions on the environment after hearing quite a bit of criticism. In the same vein, the president should listen to reason and endorse a patient's bill of rights that requires HMOs to finally be held accountable for their actions.