August 03, 2001 - House Passes Patients' Bill With Compromise On HMO Liability

---

Yesterday the U.S. House passed a patients' rights bill that included a compromise between the White House and Rep. Charles Norwood, and some liability guidelines for Health Maintenance Organizations (HMOs).

Karen Ignagni, the president of the American Association of Health Plans, said that although the bill "moves away from the reckless litigation binge that the Senate-approved bill would encourage," it still has some problems. "Provisions allowing new lawsuits even when health plans are upheld by independent-review panels violate common sense and need to be changed," she added.

The White House-Norwood compromise reflected the key principles Bush said any patients' rights bill would have to include for him to sign it into law. The House bill allowed patients to hold their health plans accountable when they have been injured by a wrongful denial or delay of medical care.

Cases against HMOs would be heard in state court, subject to the new federal law. Patients in all 50 states would have a federal right to sue their HMOs in state court. The scope of insurers' liability would be defined by federal law. Patients could still sue an HMO, even if an independent medical reviewer found no cause for the claim. However, In those cases, the patient would have a higher burden of proof.

Economic damages awards would be unlimited. Non-economic damages would be capped at $1.5 million. Punitive damages also would be capped at $1.5 million and would be available only when the designated decision-maker went against the independent medical reviewer's decision that the claim for benefits should be granted.

Opponents of the bill said the fight is not over, and only the venue is changing. The conference committee presents a different set of political and policy issues from the House, which in turn was different from the Senate.

If you or a loved one has been injured as a result of possible medical malpractice, call now at or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

<< back

---

The Gunn Law Group handles cases involving Insurance Claims, Homeowners Insurance, Property Insurance Coverage and Disputes, Insurance Bad Faith, Hurricane Insurance Claims, as well as the most serious of Personal Injury such as: Automobile Accidents, Spinal Cord Injuries, Cerebral Palsy, Traumatic Brain Injuries, Medical Malpractice, Product Liability and Wrongful Death. The Gunn Law Group serves the following Florida areas: Altamonte Springs, Apopka, Arcadia, Atlantic Beach, Bartow, Boca Raton, Bonita Springs, Boynton Beach, Bradenton, Brandon, Brooksville, Cape Coral, Casselberry, Clearwater, Cocoa, Cocoa Beach, Coral Gables, Coral Springs, Crestview, Crystal River, Dade City, Dania, Daytona Beach, Deerfield Beach, Deland, Delray Beach, Destin, Dunedin, Englewood, Eustis, Fernandina Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Green Cove Springs, Gulf Breeze, Hallandale, Hialeah, Hollywood, Homestead, Hudson, Inverness, Islamorada, Jacksonville, Jacksonville Beach, Jupiter, Key Biscayne, Key Largo, Key West, Kissimmee, Lake City, Lake Mary, Lake Wales, Lake Worth, Lakeland, Largo, Leesburg, Live Oak, Longwood, Lutz, Maitland, Marathon, Marco Island, Melbourne, Merritt Island, Miami, Miami Beach, Milton, Mount Dora, Naples, New Port Richey, New Smyrna Beach, Niceville, North Fort Myers, North Miami Beach, North Palm Beach, Ocala, Okeechobee, Orange Park, Orlando, Ormond Beach, Oviedo, Palatka, Palm Bay, Palm Beach, Palm Beach Gardens, Palm City, Palm Coast, Palm Harbor, Panama City, Pensacola, Perry, Plant City, Pompano Beach, Ponte Vedra Beach, Port Charlotte, Port Richey, Port Saint Lucie, Punta Gorda, Quincy, Rockledge, Safety Harbor, Saint Augustine, Saint Petersburg, Sanford, Sanibel, Sarasota, Satellite Beach, Sebring, Seminole, Shalimar, Spring Hill, Stuart, Tallahassee, Tampa, Tarpon Springs, Tavares, Tavernier, Titusville, Venice, Vero Beach, West Palm Beach, Weston, Winter Haven, Winter Park, Winter Springs Copyright 2008 © Gunn Law Group, P.A. , All Rights Reserved Terms & Conditions Site Map