Bipartisan Patient Protection Act of 2004

Bill: 108-s-2083
Sponsor: Sen. Boxer, Barbara [D-CA]
Introduced: 2004-02-12 in the Senate
Policy area: Health
Subjects: Abortion
Access to health care
Administrative procedure
Administrative remedies
Breast cancer
Cancer
Case management
Child health
Childbirth
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Class actions (Civil procedure)
Clinical trials
Collective bargaining
Commerce
Communication in medicine
Confidential communications
Congress
Congressional reporting requirements
Consumer education
Corporation directors
Customs administration
Damages
Department of Health and Human Services
Department of Labor
Discrimination in insurance
Discrimination in medical care
Drug approvals
Drug utilization
Drugs
Economics and Public Finance
Emergency Management
Emergency medicine
Employee health benefits
Employers' liability
Evidence (Law)
Families
Federal employees
Federal preemption
Federal-state relations
Finance and Financial Sector
Foreign Trade and International Finance
Freedom of speech
Genetic counseling
Genetics
Government Operations and Politics
Government contractors
Government employees' health insurance
Government publicity
Government trust funds
Grievance procedures
Gynecology
Health insurance
Health insurance continuation
Health maintenance organizations
Humans
Infants
Insurance premiums
Labeling
Labor and Employment
Labor contracts
Law
Legal fees
Legislation
Liability (Law)
Licenses
Limitation of actions
Losses
Managed care
Married people
Mastectomy
Medical economics
Medical ethics
Medical malpractice
Medical records
Medical screening
Medical supplies
Medical tests
Medically uninsured
Medicare
Nonprofit organizations
Obstetrics
Old age, survivors and disability insurance
Ovarian cancer
Parents
Patient satisfaction
Patients' rights
Peer review organizations (Medicine)
Persons
Pharmacists
Physician-patient privilege
Physicians
Preventive medicine
Punitive damages
Quality of care
Right of privacy
Salaries
Science, Technology, Communications
Social Welfare
Social security finance
Standards
State laws
Surgery
Telephone
User charges
Women
Women's health

Summary:
action_date: 2004-02-12
text: Bipartisan Patient Protection Act of 2004 - Amends the Public Health Service Act (PHSA) and the Employee Retirement Income Security Act of 1974 (ERISA) with respect to health care coverage. Provides for patient protection and quality care standards for individual and group health plans under PHSA and ERISA. Applies such standards, as well, to: (1) all Federal health care programs, as defined under the Social Security Act; and (2) the Federal employee health benefits program. 
Requires group health plans and health insurance issuers providing health insurance coverage to have approved utilization review programs, claims procedures, and appeal procedures concerning claims denials. 
Sets forth provisions concerning group health plans and health insurers and the provision of certain advice and care, including: (1) emergency care; (2) obstetric and gynecological care; (3) specialists care; (4) prescription drugs; (5) participation in approved clinical trials; and (6) health plan information. 
Sets forth nondiscrimination and other requirements regarding use of certain genetic information. 
Restricts interference by health plans and insurers with the doctor-patient relationship.
Prohibits health plans and insurers from discriminating against a licensed health care professional with respect to participation or indemnification. 
Sets forth limitations on certain class action litigation and other actions. Makes certain civil remedies available. Declares that courts should consider the loss of a nonwage earning spouse or parent as an economic loss to be fully compensated in certain ERISA cases. 
 
Expresses the sense of the Senate that: (1) men and women battling life-threatening, deadly diseases, including advanced breast or ovarian cancer, should have the opportunity to participate in a federally approved or funded clinical trial; (2) a child battling a rare cancer should be allowed to go to a cancer center capable of providing high quality care for that disease; and (3) every patient who is denied care by a health maintenance organization or other health insurance company should have a fair, speedy, and impartial appeal to a review organization that has not been selected by the health plan.

Legislative actions:
action_date: 2004-02-12
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2004-02-12
text: Sponsor introductory remarks on measure. (CR S1293-1294)
action_date: 2004-02-12
text: Introduced in Senate