Supreme Court's Ruling Allowing State Hearings is Important but Imcomplete Victory for Patients

Decision Underscores Need for National Patients' Bill of Rights

The following is a statement by Ron Pollack, executive director of Families USA, concerning the U.S. Supreme Court's decision today that upheld an Illinois statute that provides patients with the right to appeal HMOs' denials of health care to independent, administrative review boards:

"The Supreme Court's decision is a victory for families confronting unjust denials and delays of health care from their HMOs. It means that patients will be able to appeal to impartial health experts when HMOs improperly withhold care, rather than taking such appeals exclusively to managed care company bureaucrats who act as judges, prosecutors, and juries.

"For two reasons, however, this decision underscores the need for a national Patients' Bill of Rights. This is because today's decision provides no relief for people in the eight states that have not created impartial hearing rights.

"More importantly, even in the 42 states that have established review panels, federal law prevents those panels from handling appeals for people who receive their health coverage from an employer who self-insures. As a result, more than 50 million Americans have no access to state appeal panels - and their access to an impartial appeal will only occur if the national Patients' Bill of Rights becomes law.

"Therefore, it is critical that the national Patients' Bill of Rights gets enacted as soon as possible. President Bush must quickly reach a compromise with patients' rights leaders in Congress so that tens of millions of people are not left helpless when HMOs arbitrarily and tragically withhold needed health care."

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Families USA is the national organization for health care consumers. It is nonprofit and nonpartisan and advocates for high-quality, affordable health care for all Americans.

1201 New York Avenue NW, Suite 1100 · Washington, DC 20005
202-628-3030 · Email: info@familiesusa.org · www.familiesusa.org