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CNN Sunday Morning

Senate Prepares to Battle Over Patients' Bill of Rights

Aired June 24, 2001 - 09:32   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: Democrats and President Bush took to the air waves this weekend to push their version of the patients' bill of rights. President Bush has threatened to veto the measure if it passes in it's current form.

CNN's Major Garrett joins us from down on the ranch outside Crawford, Texas.

Good morning, Major.

MAJOR GARRET, CNN WHITE HOUSE CORRESPONDENT: Good morning, Miles. The president is resting this weekend but his senior staff, dealing with the HMO issue, clearly is not. They are girding for a big battle this week in the United States Senate. And it will be the first test of the new power structure in Washington, President Bush now has to deal with a Democratic majority in the Senate and they have put Patients' Bill of Rights at the top of their agenda. And much of what this bill will look like will be decided in the coming week.

There's a crucial vote Tuesday or Wednesday on a Republican amendment supported by the White House that would prevent businesses that provide health insurance coverage through HMOs from being sued if that HMO makes a decision that harms or inevitably or ultimately kills patient.

The White House says that's crucial for protecting businesses from huge costs incurred by those lawsuits. Democrats, however, say that the power to sue an HMO is vital and they're going to fight to protect it. Senator Tom Harkin, the Democrat from Iowa led the charge in the Democrats' Saturday radio address on this very topic.

(BEGIN AUDIO CLIP)

SEN. TOM HARKIN (D), IOWA: We want to hold HMOs accountable when they unfairly deny you needed medical care. And that means being able to take them to court if all other recourses fail. But today only two groups in the United States have total immunity from lawsuits -- foreign diplomats and HMOs. We believe it's time to end diplomatic immunity for HMOs.

(END AUDIO CLIP)

GARRETT: Now the Bush administration says it, too, wants to provide patients with the right sue but they don't want a broad, almost unlimited right to sue, which they say is in the Democratic bill. What they want is to confine lawsuits to federal courts where damages tend to be less and where the rules of evidence tend to be much more strict. They don't want the state courts filled with lawsuits.

In his Saturday radio address on this topic, President Bush said the needs of patients to sue have to be balanced against the needs of the HMOs and businesses to survive and provide health insurance coverage.

(BEGIN AUDIO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: If an HMO denies the treatment you need then you should have the right to an immediate, impartial appeal to a panel of doctors. If the panel rules in your favor you should receive your treatment -- period. If the HMO ignores the findings you should be able to go to court. The system should not favor HMOs and it should not favor trial lawyers it should favor patients with quick action to make sure they get the treatment they need.

(END AUDIO CLIP)

GARRETT: Now behind the scenes the White House is trying to attract the support of southern conservative Democrats to their way of thinking on this crucial amendment coming up this week. If they get them the bill changes substantially. The White House thinks it can strike a deal ultimately. If they lose that vote they're going to have to start with a brand new strategy and it will be a clear sign to send to Democrats at least on this issue, rather, to have the upper hand -- Miles.

O'BRIEN: CNN's Major Garrett outside Crawford. Thanks much.

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