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Jun 22, 2004 -- Patient Bill of Rights on the ballot?

In the late 90s, Clark was part of a contingent pushing for a “Patient Bill of Rights.” Clark has always been a fan of this type of bill of rights because HMOs and managed care plans offer patients very few rights. But Congress could never get it together and overcome the power of the health insurance companies that bought their influence in Washington. Then several states passed their own “patient’s rights” laws and they seemed to have real teeth to them. Things were looking up. But then managed care companies fought tooth and nail to stop these laws. Finally, it has reached the Supreme Court. Unfortunately, the court ruled that the rules of ERISA, the Employment Retirement Income Securities Act of 1974, outlawed any other rules or state laws. Despite the fact that HMOs didn’t exist in 1974, the court upheld the federal law saying managed care plans could deny someone care if they wished. Clark thinks it’s a perversion of the law because it means HMOs are above the law. And it’s becoming a serious campaign issue. Clark hopes future politicians realize that consumers should be able to buy their own health insurance. Right now, most people get their health insurance from their employer, which means that either the government or the employer is the buyer. It removes individuals from the process and keeps us under the thumb of these companies.

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