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Small Business
Focus: Health Care
Reform
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Release Date:
06/15/00
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by Jack Faris, President
& CEO of NFIB
WASHINGTON, June
15, 2000 -- "Who wants to be a millionaire trial
lawyer?" No, it's not the latest TV game show.
It's the trial lawyers' latest lawsuit scam, and
it's aimed at a tempting new target - the
nation's trillion-dollar health care industry.
Many of these trial lawyers are still counting
their million-dollar fees from successful
lawsuits against other deep-pocket industries.
But with Congress considering a "Patients' Bill
of Rights" that includes new ways to sue health
plans and also employers, these lawyers have
found time to file at least 35 class-action
lawsuits against some of America's largest
health plans in just the last year. And Congress
hasn't even passed a final bill.
The
litigation is part of a coordinated plan of
attack, launched by a group of trial lawyers
last fall, to pressure health care insurers.
Their tactics range from legal seminars on how
to sue health plans to an unprecedented campaign
of intimidation in the investment
community.
It's been reported that trial
lawyers have been peddling the threat of
lawsuits against health plans to Wall Street
investors, which, in turn, has caused the stock
value of these companies to plummet. As a
Washington Post editorial put it recently: "This
isn't law. It's an extortion racket." If these
lawyers are eagerly filing class-action lawsuits
based on highly questionable legal theories (one
case has already been thrown out by a Federal
court), imagine what will happen if Congress
gives them real ammunition.
Congress
needs to fully grasp what expanded lawsuits will
mean for the millions of Americans who depend
upon their employers for their health care
coverage. A raft of legal studies confirms that
under the Dingell-Norwood bill passed by the
House, trial lawyers could not only sue health
plans but also the employers who sponsor
them.
That means every time an employee
disagrees with their health plan over coverage
decisions, employers could find themselves on
the receiving end of a lawsuit. Even a frivolous
lawsuit, which some of these would certainly be,
has the potential to put a company out of
business. What rational employer is going to
continue to put himself or herself in a high
risk situation for doing nothing more than
voluntarily providing their employees with
health care coverage? The answer is that many
will stop offering health insurance to their
workers altogether, increasing the already
growing number of uninsured Americans
today.
The business consulting firm
Hewitt Associates found expanding health care
liability would force 36 percent of large
employers - one out of every three - to drop
coverage for their employees.
The
consequences would be catastrophic for millions
of Americans and their families who depend on
employers for health care
coverage.
Vermont Governor Howard Dean,
himself a Democrat and a physician, specifically
warned his state legislature against allowing
more lawsuits against HMO's and employers:
"Opening insurance companies and employers to
lawsuits will only drive the price of insurance
higher." He's right. Studies have shown that
when the cost of health insurance goes up, the
number of uninsured does, too. The growing
number of Americans without health care is
already approaching crisis proportions thanks to
steadily rising health care costs. One recent
study, conducted by the benefits consulting
firm, Mercer, Inc., found that businesses face
an expected 7.5% increase in health care costs
this year after absorbing similar increases over
the past two years.
Smaller businesses,
with under 50 employees, were socked with a
nearly 14% increase in health insurance costs
last year alone. Yet, Congress is close to
passing a bill that will only add to higher
costs and more uninsured at a time when one out
of every six Americans has no health insurance
at all. If Congress allows new lawsuits as part
of its "Patients' Bill of Rights," trial
lawyers, whose bank accounts are already bulging
from earlier shakedowns, have nothing to lose
and millions more to gain.
Meanwhile,
millions of working people risk losing the
health care coverage they have come to depend
upon, and America will lose another round in its
battle to ensure that every man, woman and child
in this country has access to affordable,
quality health care.
When it comes to
reforming health care, let's hope expanded
lawsuits aren't the final answer. Otherwise, the
"Patients' Bill of Rights" will become the
"Lawyers' Right to Bill."
Publications
are encouraged to re-print these columns in
their entirety. Please ensure that the following
credit information is included in re-prints:
"Jack Faris is president of NFIB, the nation's
largest small business advocacy group. A
non-profit, non-partisan organization founded in
1943, NFIB represents the consensus views of its
600,000 members in Washington, D.C., and all 50
state capitals. More information is available
on-line at www.nfib.com."
CONTACT: Jean Card,
NFIB Special Assistant to the President at
202.314.2018
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