FOR more than a quarter century, insurance companies and health maintenance organizations have been provided an unreasonable shelter against lawsuits stemming from their medical decisions forced upon doctors and patients. President Bush and Congress are near agreement on a patients' bill of rights to cure that problem. They should not allow disagreement about details of the bill to waste this opportunity. Compromise needed
on patients’ rightsThe issue: President Bush has indicated
he is willing to compromise to reach
agreement on a patients' bill of rights.The so-called patients' bill of rights has strong public support because of its goal of assuring patients greater access to information and necessary care, including emergency care and treatment by specialists. A vital aspect of that goal is to hold health groups and insurance companies accountable for denial of care.
The president has supported a patients' rights bill. However, he has threatened to veto the Senate version of the bill, and the House version he prefers lacks the support necessary for approval.
The disagreement centers on the ability of patients to file suit against insurers and health groups. Under present law, patients can bring such suits but only to recover the costs of treatment. A bill that passed the Senate last month would allow patients to collect unlimited pain-and-suffering damages and punitive damages up to $5 million from health maintenance companies that overrule doctors on medical decisions. A House bill that has bipartisan support contains a similar provision. The White House supports an alternative House bill with a $500,000 limit for damages from pain and suffering and no punitive damages allowed.
The two sides also have disagreed about where such suits should be filed. The Senate version provides that they be litigated in state courts, which are more convenient and are known to be more likely to award large judgments to plaintiffs. In the past week, President Bush, who has supported a federal venue, agreed to state lawsuits against insurers and health maintenance organizations but only under federal standards.
The problem with President Bush's concession is the nonsensical effect it would have on lawsuits brought in state court against both doctors and health insurers. Juries would be called upon to hold doctors to state standards but insurers to federal limits. The two sides also remain at odds over the issue of dollar limits.
Further movement is needed by both sides of the issue to come up with a sensible way to treat lawsuits against insurers and health groups for denial of care. A compromise based on a sensible, uniform system would be preferable to an impractical mish-mash.
Although the number of adults who use their seat belts has increased this year, too many aren't buckling up their children or other youngsters in their care, a new survey showed. That's risky business. Adults buckle up;
but not childrenThe issue: A survey shows that more adults
are using their seat belts, but many leave
their youngsters without the same protection.The state Department of Transportation report also showed that those on two wheels mostly shun safety helmets. That a helmet could protect them from head injuries is a no brainer and those who persist may find that an accident could result in just that -- no brains.
Even though law requires that all children under 4 years of age be securely fastened in a safety seat, a DOT survey at 15 shopping malls around the state revealed that only 34.8 percent of children ages 1 to 3 were restrained while riding in a vehicle. Infants, those less than a year old, fared better: 81.8 percent were buckled in.
More adults were wise enough to wear their seat belts -- 82.5 percent compared to 80 percent last year -- but neglecting to protect children is irresponsible. No adult can be ignorant of the danger and although they can choose to wear seat belts or not, toddlers and infants don't have that option.
Law doesn't require that two-wheelers don helmets, but bicyclists are getting smarter with 25.4 percent now wearing them, an increase from the 22.2 percent last year.
Meanwhile, motorcycle and moped riders are resisting protective head gear with rates dropping to 36.5 percent from 38.3 percent for motorcyclists and to 8.4 percent from 9.9 percent for moped riders. These folks should realize that in a close encounter with a four-wheeled vehicle, they will likely end up the loser. Even worse, the rider could hurt someone else as he or she spins out of control.
A woman recently recalled how she continually nagged her teenage son to use his seat belt. She told him he could die if he were in an accident, but she could not persuade him. Then she changed tactics. She described in detail what life would be like if he were injured instead of killed, how he could be paralyzed, unable to drive, dance, swim and surf, all the activities he so enjoyed, and how she and the rest of his family would suffer with him.
He buckled up. So should we all.
Published by Oahu Publications Inc., a subsidiary of Black Press.Don Kendall, President
John Flanagan, publisher and editor in chief 529-4748; jflanagan@starbulletin.com
Frank Bridgewater, managing editor 529-4791; fbridgewater@starbulletin.com
Michael Rovner, assistant managing editor 529-4768; mrovner@starbulletin.com
Lucy Young-Oda, assistant managing editor 529-4762; lyoungoda@starbulletin.com The Honolulu Star-Bulletin (USPS 249460) is published daily by
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