U.S. SENATE DEFEATS GRAMM AMENDMENT TO PATIENTS RIGHTS BILL;
REP. FLETCHER INTRODUCES WEAK ALTERNATIVE TO BILL

WASHINGTON, D.C. - Supporters of the Senate patients-rights bill scored a victory today when senators defeated an amendment that would have provided a blanket exemption to all employers - even those that made improper medical decisions that resulted in harm or death.

The Senate voted 56-43 to defeat the amendment offered by Sen. Phil Gramm (R-Tex.) during consideration of the patients-rights bill sponsored by Sens. John McCain (R-Ariz.), Edward Kennedy (D-Mass.), and John Edwards (D-N.C.).

Meanwhile, in the House of Representatives, Rep. Ernie Fletcher (R-Ky.) introduced an alternative patients-rights bill that offers far less than the McCain-Kennedy-Edwards bill or its companion House bill sponsored by Reps. Greg Ganske (R-Iowa), John Dingell (D-Mich.), and Charlie Norwood (R-Ga.). In a press release Norwood called the Fletcher bill the "latest impostor bill …[designed] to derail patient's rights."

Janell Mayo Duncan, legislative counsel for Consumers Union, made the following statement today regarding the defeat of the Gramm amendment and the introduction of the Fletcher bill:

"CU applauds the bipartisan majority of senators who defeated this amendment. This vote is a very encouraging sign, but the bill has a long way to go before it reaches President Bush's desk. The Gramm amendment was a big hurdle, but we have to stay focused on the finish line.

"The Gramm amendment simply went too far. Under this amendment, there would not have been enough protection for patients covered by self-insured companies that administer their own health plans. This amendment went against the very principles of patients' rights spelled out by President Bush. The president has said that 'employers who retain responsibility for and make final decisions should be subject to suit.' If a company directly participates in a health plan decision that results in harm or death, the company should be held accountable.

"Consumers Union will continue to work to convince senators to approve the McCain-Kennedy-Edwards bill without weakening its patient protections.

"As for the Fletcher bill, the main beneficiaries would appear to be HMOs, not patients. The bill technically gives people the right to hold HMOs legally accountable, but it seems to contain loopholes that would let HMOs escape responsibility in many cases. This latest bill looks like a non-starter."

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Consumers Union, publisher of Consumer Reports magazine, is an independent nonprofit testing, educational and information organization serving only the consumer. We are a comprehensive source of unbiased advice about products and services, personal finance, health, nutrition and other consumer concerns. Since 1936, our mission has been to test products, inform the public and protect consumers