-Caveat Lector- Senate Nixes Patient Suits vs. HMOs By DARLENE SUPERVILLE .c The Associated Press WASHINGTON (AP) - Turning to one of the most contentious issues in the weeklong debate over health maintenance organizations, the Senate today killed a Democratic provision that would have enabled patients to sue their health plans. Health plans that fall under federal regulations cannot now be sued. The Senate voted 53-47 against the provision, which Democrats had argued would force insurers to put a patient's health before the company bottom line. President Clinton said he was bewildered by the rejection of the provision and lashed out at Republicans, who control the Senate. ``The health insurers won't let them do it,'' Clinton said. ``It's a sad day for health care in America. But we're not done yet and this won't die.'' The sponsor of the doomed amendment, Sen. Richard Durbin, D-Ill., said: ``This is the heart of the debate. This is what the patients' bill of rights is all about.'' Republicans countered by saying patients would actually suffer because of the cost and expense of lengthy court fights. ``This is a terrible idea,'' said Sen. Jeff Sessions, R-Ala. ``It will add expense throughout the system and will not benefit patients who need it when they need it.'' Senators also were expected to adopt a four-part amendment by Sen. Susan Collins, R-Maine, covering the areas of long-term and emergency room care, access to medical specialists and obstetrician-gynecologists. The GOP bill would: Create a new tax deduction for long-term care, though Republicans gave no details on how they would pay for the $5.4 billion, five-year plan. Strengthen a GOP provision on emergency room care by ensuring that sick people would not pay more for visiting a hospital that is outside the health plan's network. It also would require coverage for follow-up care after the patient's condition has been stabilized. But it would apply only to the 48 million people covered by federally regulated plans. Require ``timely'' access to medical specialists, but not those outside a plan's network. It also only applies to the 48 million. Assure unfettered access to obstetricians for pregnant women, but only allow direct access to gynecologists for unspecified ``routine care.'' Covers 48 million. The Senate was expected to pass the GOP bill today. But as the White House again signaled President Clinton's intention to veto the Republican bill, Sen. John Chafee, R-R.I., continued to work with a handful of Democrats to forge an acceptable compromise. Chafee noted that both bills were doomed, since the Senate was expected to defeat the Democratic version. ``And the American people won't be one bit better off than they were when we started this,'' he said at a news conference. Sen. Arlen Specter, R-Pa., said most of the negotiations have centered on the liability issue. The compromise bill would allow lawsuits in federal courts, but not in state courts as the Democrats would. It would ban punitive damages and, in an effort to win more GOP support, would cap damages for pain and suffering. ``This is a classic congressional moment,'' said Sen. Joseph Lieberman, D-Conn. ``Are we going to adopt the 70 percent we agree on or are we going to just leave it where it is and do nothing.'' In action Wednesday, the Senate refused, 52-48, to extend new rules for health maintenance organizations to some 161 million people with private insurance regulated by the states. The result is that many of the new Senate provisions would apply only to the 48 million people covered by federally regulated insurance plans. ``The point ... is that the states have acted. They've acted without any mandate or prod from Washington and they've acted in a way to tailor their laws to their marketplace,'' said Sen. Susan Collins, R-Maine. ``One size does not fit all.'' Democrats disagreed. ``On every single amendment the people lose and the HMOs win,'' complained Sen. Barbara Boxer, D-Calif. Sen. Bill Frist, R-Tenn., a physician who is helping to lead the GOP effort, said some ``very good'' Democratic ideas would be folded into the final bill. ``We'll deliver,'' he told reporters. The Senate also rejected, 53-47, a Democratic proposal to require HMOs to pay for treatment by specialists, even those outside of a plan's network. The GOP version would require ``timely'' specialist care, but not from outside doctors. It approved, 55-45, a GOP measure requiring coverage of doctor-recommended overnight hospitalization for women treated for breast cancer. Democrats support the idea, but voted against the proposal because it eliminated one of their provisions easing access to clinical trials for the dying or seriously ill. Both parties have offered new federal rights for patients in HMOs or other managed care plans, but Republicans are more modest on virtually every issue. Democrats accuse Republicans of turning their backs on millions of Americans who are frustrated by how their health care is delivered; Republicans argue that Democrats would increase costs so much that even more people would be forced to go without health insurance. DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance�not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. 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