Managed Care Special Report
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Comparing the Main 'Patients' Rights' Bills
Thursday, July 16, 1998; Page A10

Congress is considering three main pieces of legislation that would increase government regulation of managed care: a bill by the Senate Republican leadership; one by the House Republican leadership; and a Democratic leadership bill – resembling a White House proposal – that has been introduced in both chambers.

All three measures would require health plans to pay for more emergency room visits, forbid plans to "gag" doctors from discussing expensive treatments with their patients, allow patients to visit obstetricians and pediatricians without prior approval, and – with some variations – strengthen patients' ability to appeal denials of care or payment to their insurer and outside grievance boards. The Senate bill, though, would extend some of these protections to substantially fewer Americans than the other versions.

Issue Senate GOP House GOP Democrats
Malpractice
suits against
health plans
No provision. Patients in federally protected health plans could not sue their insurer, but plans could be fined under certain circumstances for withholding care. Would let states decide whether to allow malpractice suits against "self-insured" plans.
Medical
savings
accounts
Would allow unlimited access to tax-exempt medical savings accounts, and would permit employees who have "cafeteria-style" benefits to devote the money to MSAs. Would expand access to such accounts, but to a lesser degree. No provision.
Increased
access to
insurance
For self-employed Americans, would expand tax deductions for health insurance from 45 percent to 100 percent, as of January 1999. Same tax deduction provision. Also would create two new ways for small companies to band together to buy less expensive health insurance. No provision.
Mastectomy
coverage
Would prohibit health plans from setting caps on how long women may stay in the hospital after breast cancer surgery. No provision. Would require healthplans to pay for hospital stays of at least 48 hours.
Improving
medical
quality
Would spur more research into how to measure what kind of treatment is most effective and encourage doctors to provide state-of-the-art treatment. No provision. Would require health plans to monitor the care they provide and develop explicit plans for improving medical quality.




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© Copyright 1998 The Washington Post Company

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