Today’s Health Care Check-Up: — May 25, 2000
Attention Member of Congress:
Don’t Be Fooled!
Employers – large and small – can be sued under the
Dingell-Norwood patients’ bill of rights.
Contrary to what you may have heard, the Dingell-Norwood bill
WOULD allow employers to be sued if their employees have problems
with their HMOs, a fact confirmed by numerous legal opinions:
"The so-called ‘shield’ is illusory and actually has the effect of
increasing the risk that an employer or plan sponsor will face a lawsuit."
— William Schiffbauer, Esq.
"The Dingell-Norwood legislation provides employers no protection with
respect to discretionary authority."
— Akin Gump Strauss Hauer & Feld,
"We suspect that supporters of the Dingell-Norwood bill commonly point
to their ‘Exception for Employers and Other Plan Sponsors’ for the
proposition that the bill would not allow suits against employers. Such an
assertion is erroneous….Employers would be subject to state law causes of
action, replete with jury trials, extra-contractual damages, and punitive
— Schnader Harrison Segal & Lewis,
Don’t subject employers to costly new health care
Oppose the Dingell-Norwood
Patients’ Bill of Rights
A Patients’ Bill of Rights Shouldn’t Be a Lawyers’ Right