IV

105TH CONGRESS

2D SESSION H. CON. RES. 293

Expressing the sense of the Congress on the importance of enacting patient

protection legislation.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 1998

Mr. GANSKE submitted the following concurrent resolution; which was referred

to the Committee on Commerce, and in addition to the Committees on

Education and the Workforce, and Ways and Means, for a period to be

subsequently determined by the Speaker, in each case for consideration

of such provisions as fall within the jurisdiction of the committee concerned

CONCURRENT RESOLUTION

Expressing the sense of the Congress on the importance

of enacting patient protection legislation.

Whereas rapid changes in the health care marketplace have

compromised confidence in our Nation’s health system;

Whereas American consumers want more convenience, fewer

hassles, more choices, and better service from their health

insurance plans;

Whereas all Americans deserve quality-driven health care

driven by the patients’ best interest, not the bottom line

of the third-party payer;

Whereas payment arrangements in which health plans or individual health care providers reap a financial benefit
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from providing less care threaten to compromise the

quality of care;

Whereas because of anomalies in the Tax Code, millions of

Americans receive their health care through their employer;

Whereas one survey found that 81 percent of small businesses offered their workers only 1 health plan;

Whereas for those individuals, the free market of health care

means that they are free to quit their job if they don’t

like their health plan;

Whereas managed care’s promise to slow health care inflation

is questionable at best;

Whereas most experts predict that many health plans will be

pushing for double-digit premium increases next year;

Whereas as Congress considers health care legislation, it

must first commit to protecting patients from the overzealous cost cutting conduct of some HMOs;

Whereas there are several high-quality managed care plans

who have endorsed the passage of legislation similar to

the Patients’ Bill of Rights (H.R. 3605), because they

recognize the need for enforceable Federal standards that

reflect the practices of good plans;

Whereas public opinion polls show the American public is

overwhelmingly in favor of managed care reform, including improved information disclosure, access to emergency

care, a ban on gag rules, access to appropriate specialists, and third-party appeals;

Whereas while the States have done an excellent job regulating health plans within their jurisdiction, over
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120,000,000 Americans are enrolled in ERISA plans that

are beyond the reach of State regulation;

Whereas ERISA is a regulatory vacuum, with inadequate patient safeguards;

Whereas ERISA shields group health plans from being held

responsible for the consequences of their actions;

Whereas group health plans, which make life-and-death decisions, cannot be held accountable for their negligent conduct in State court; and

Whereas the State of Texas recently enacted a law to provide

patients with that remedy, and the cost to health plans

is very small: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that be3 fore adjourning sine die, Congress should pass health care

4 legislation that will—

5 (1) improve the quality of managed health care

6 plans;

7 (2) provide for Federal enforcement of these

8 rights and responsibilities; and

9 (3) ensure that doctors and patients, not health

10 plan accountants, make medical decisions.

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