Patients Need a Real Bill of Rights

The Supreme Court on Monday struck another blow against patients' rights in denying citizens the right to sue HMOs for damages if they refuse to cover medically necessary treatments. The court's ruling makes it clear that Congress has shirked its responsibilities and has favored big HMOs like Aetna and Cigna HealthCare over the medical needs of patients.

• Millions of patients are denied the right to get the care they need. Conservative leaders in Congress have repeatedly blocked efforts to protect patients from managed care abuses. As a result, patients are unable to collect proper damages for denied care in state courts where patient protections are much stronger. The Supreme Court's ruling makes it clear that patients are only able to fight for their rights in more restrictive federal courts, where HMOs are protected from having to pay any meaningful damages for denied care.
• HMOs must be held accountable when their decisions harm patients. HMOs, unlike any other business, are beyond the law. They are shielded from strong patient protections that can hold the industry accountable for bad behavior. The failure to protect patients from arbitrary denial of care by HMOs is a disgrace that will ultimately lead to more unnecessary suffering and deaths.
• Congress must provide a national patients' bill of rights that puts the needs of the sick above the profits of the health industry. Congress can prove its commitment to patients over profits by passing national legislation that holds HMOs fully accountable for their actions and allows patients their day in court when they are denied critically important health care.

Daily Talking Points is a product of the Center for American Progress, a non-partisan research and educational institute committed to progressive principles for a strong, just and free America.