June 8, 2000
The Honorable Don Nickles
United States Senate
133
Hart Office Building
Washington, DC 20510
Dear Senator Nickles:
On behalf of The Business Roundtable, I am writing to
reiterate our deep concerns with the Kennedy-Dingell Patients'
Bill of Rights. As representatives of major employers across
the country who voluntarily provide health benefits to more
than 25 million people, we adamantly oppose the unlimited
health care liability provisions contained in the
Kennedy-Dingell legislation. If this bill were to pass, the
future of America’s voluntarily employer-based health care
system would be at great risk.
The majority of insured Americans receive their health
coverage from their employers. However, if faced with the
potential of unlimited liability, many employers would
reevaluate their roles in providing health benefits. Even for
those employers who don’t drop coverage entirely, the exposure
to costly, unlimited lawsuits will leave many employers with
no choice but to reduce benefits or pass the added costs on to
their employees through increased premiums and out-of-pocket
costs. This would further burden employers, workers and their
families by driving up the cost of health insurance and
forcing millions more into the ranks of the uninsured.
The prospect of years of expensive litigation and appeals
offers little comfort to patients with legitimate concerns. An
independent external review of patient disputes is a more
efficient and fair resolution. Furthermore, a May 2000 Zogby
poll shows more than 70 percent of the public support a quick,
independent review over new lawsuits. Recently, supporters of
Kennedy-Dingell acknowledged their bill does put employers at
risk of being sued. But their offer to revise the bill still
leaves employers wide open to runaway lawsuits. An analysis of
the revisions by two ERISA law experts concluded, "Employers
would still be subject to a ‘tidal wave’ of state court
litigation should this proposal become law."
We urge you to reject the Kennedy-Dingell bill should it be
brought to the Senate floor.
Sincerely,
<<...>>
Samuel L.
Maury
President, The Business Roundtable
cc: U.S. Senate
Washington Representatives of the
BRT
June 8, 2000