Differences in Democrat, GOP 'patients' bill of rights'
July 13, 1999
Web posted at: 11:58 a.m. EDT (1558 GMT)
WASHINGTON (AllPolitics, July 13) -- Both Democrats and Republicans have their own "patients' bill of rights" legislation pending in the Senate. Below are the major differences between the two bills:
Coverage
Democrats want to cover all Americans with private health insurance, estimated to include 110 million people.
Most aspects of the GOP plan would cover only those Americans who are in plans regulated by federal law, a number estimated at 48 million. Those aspects include greater access to emergency rooms, specialists and medications and the right to choose a health plan that allows them to use doctors who are outside a defined network.
Right to Sue
Currently, HMOs are protected from paying punitive damages in lawsuits. The Democratic proposal would grant patients the right to sue their HMO while the Republican version would keep the current setup.
Emergency care
The Democratic plan calls for hospitals to allow patients to seek emergency care even if the hospital is outside their HMO's network
The GOP plan requires payment only for stabilization and would only apply to federal regulated plans.
Clinical trails
Democrats call for health plans to pay for routine health care costs associated with clinical trials.
The Republican bill calls for a study of the issue.
Obstetricians and gynecologists
The Democratic plan would allow women to see OB-GYN doctors without prior approval and also would allow women to designate them as their primary care physicians
The Republican plan would allow also allow women to see OB-GYN doctors without prior approval but it only applies to women in federal regulated plans.
Medical necessity
Democrats define medical necessity as care that is consistent with generally accepted principles of professional medical practice. The Democratic plans would prohibit health care plans from interfering with a doctor's care if the services being performed are medically necessary.
The Republican plan continues to allow plans to determine what care is medically necessary.
Mastectomy
The Democratic plan would require health plans to pay for overnight hospital stays if both the doctor and patient want it.
The Republican plan does not have a provision for this.
Tax changes
Democrats offer no changes.
Republicans want to allow people who are self-employed to deduct the cost of health insurance. The GOP plan also would allow more medical savings accounts, which let people to set aside money, tax-free, to pay for routine care if they buy a high-deductible insurance policy in case of an emergency.
CNN's Jonathan Karl and The Associated Press contributed to this report.
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