Legislative Branch

106th Congress

Patients' Bill of Rights Comparison | Patient Safety Act Reintroduced | Text of Patient Safety Act

HOW THE HOUSE AND SENATE LEADERSHIP PROPOSALS MEASURE UP ON SOME KEY PATIENT PROTECTIONS

Key Patient Protections Patients' Bill of Rights Act, S.6/H.R.358 Bilirakis/Hastert Bill, H.R. 448 Senate Republican Leadership Bill, S.300
Ensure that treatment decisions such as how long patients can stay in the hospital after surgery are made by health professionals, not insurance companies. YES NO NO
Hold plans accountable when their decisions to withhold or limit care injure patients. YES NO NO
Allow patients undergoing treatment to continue with same provider if provider leaves plan or employer changes plans. YES NO NO. Not when employer switches plans, & only if patient is pregnant, in an institution, or terminally ill.
Allow patients to see outside specialist at no additional cost when those in the plan can't meet their needs. YES NO NO
Require plans to have an adequate number and variety of health care providers close to where consumers live & work. YES NO NO
Require plans to pay for emergency services if a reasonable person would consider the situation an emergency. YES NO. Definition does not include severe pain, & plans can charge extra for non-network provider. NO. Plans can refuse to cover or charge extra for non-network provider.
Ensure doctors & nurses can report quality problems without retaliation from plans, hospitals, or other institutions. YES NO NO
Prevent health care professionals from being financially rewarded for limiting a patient's care. YES NO NO
Provide access to independent consumer assistance program to help consumers choose plans & get services they need. YES NO NO
Promote access to clinical trials. YES NO NO
Allow patients to appeal denials or limitations of care to an external, independent entity whenever life or health is jeopardized. YES NO. External review is not binding. Reviewer not allowed to make objective determination of medical necessity. NO. Plan defines medical necessity and chooses reviewer.
Give women direct access to ob/gyn services, without limitations that impede access to services. YES NO. Direct access to physicians, but not to other types of health care professionals in plan's network NO. Direct access to physicians, but not to other types of health care professionals in plan's network

Source: National Partnership for Women & Families

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