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THE PATIENTS' BILL OF RIGHTS PLUS ACT "The Patients' Bill of Rights Plus Act" has six major components that will provide consumer protections, enhance health care quality and increase access. These are: 1. Consumer protection standards for the 48 million Americans covered by self-funded group health plans 2. Comparative information about health insurance coverage for the 124 million Americans covered by both self insured and fully insured group health plans 3. New standards for coverage determinations and internal/external appeal rights for 124 million Americans covered by both self insured and fully insured group health plans 4. A ban on the use of predictive genetic information for underwriting purposes for 140 million Americans covered by both self insured and fully insured group health plans and individual plans 5. New quality focus and expanded research activities for the Agency for Health Care Policy and Research 6. Provisions that increase health insurance coverage by allowing full deduction of health insurance for the self-employed, the full availability of medical savings accounts and the carryover of unused benefits from flexible spending accounts. An equally important goal of "The Patients' Bill of Rights Plus Act" is to provide these new protections without significantly increasing the cost of health coverage and causing more Americans to become uninsured. The CBO estimates that the Act would raise average premiums by about 0.8 percent. 1. Consumer protection standards for self-funded plans: Since States already regulate insured health plans, the bill provides that the following standards would apply to the 48 million Americans covered by self-funded group health plans governed exclusively by the Employee Retirement and Income Security Act (ERISA).
2. Comparative Information: All group health plans would be required to provide a wide range of comparative information about health insurance coverage, such as descriptions of the networks and cost-sharing information to the 124 million Americans covered by both self insured and fully insured group health plans. 3. Grievance and Appeals: All group health plans would be required to have written grievance procedures and have both an internal and external appeals procedure for the 124 million Americans covered by both self insured and fully insured group health plans. The external reviewer would be required to have relevant expertise and must consider appropriate and available information, including evidence offered by the patient and the patient's physician, expert consensus, peer-reviewed literature, and the plan's evidence-based criteria and clinical practice guidelines. 4. Genetic Information: All group health plans and health insurance issuers would be prohibited from denying coverage, or adjusting premiums or rates based on "predictive genetic information" for the 140 million Americans covered by both self-insured and fully insured group health plans and individual health insurance plans. The term "predictive genetic information" includes individual's genetic tests, genetic tests of family members, or information about family medical history. 5. Refocusing AHCPR on Quality Improvement: The bill would refocus AHCPR (and rename it the Agency for Healthcare Research and Quality) to encourage overall improvement of quality in the nation's health care systems. The new agency will facilitate state-of-the-art information systems, support primary care research, conduct technology assessments, and coordinate the Federal Government's own quality improvement efforts. 6. Provisions that would increase access to health insurance The bill would expand coverage by allowing full deduction of health insurance for the self-employed, provide for the full availability of medical savings accounts and permit the carryover of unused benefits from flexible spending accounts.
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