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Date: March 23, 2004
Contact: Dave Lemmon, Director of Communications
Robert Meissner, Deputy Director of Communications
Bryan Fisher, Press Secretary
202-628-3030

 

Supreme Court to Decide Whether Patients Can Sue

The Issue Caused Congressional Gridlock About

Washington, D.C. - The Supreme Court today heard arguments in a case that will decide whether patients can sue their managed care plans for the harm caused when needed health care is denied. Families USA is the lead organization in a friend-of-the-Court brief filed on behalf of consumer and patient groups. The following is the statement of Ron Pollack, Executive Director of Families USA, about the Supreme Court arguments:

"America's health care consumers have a larger stake in the case heard by the Supreme Court today than perhaps any other lawsuit in recent history. If the Court decides that consumers can sue their HMOs, this will deter managed care plans from cavalierly denying essential health care.

"Today there are at least ten states - Arizona, California, Georgia, Maine, New Jersey, North Carolina, Oklahoma, Texas, Washington, and West Virginia - that clearly authorize patients' suits against HMOs. Several other states provide more limited rights to sue HMOs, and others no doubt will authorize such suits if the Supreme Court validates states' rights to do so. As a result, the Court's decision will have a profound impact on patients' rights across the country.

"This issue was the most controversial aspect of the Patients' Bill of Rights that has lingered, and been gridlocked, in Congress. It will be an enormous victory for health care consumers if the Court upholds states' rights designed to deter misconduct by managed care companies."

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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.

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202-628-3030 · Email: info@familiesusa.org · www.familiesusa.org

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