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ACOG Key Contact Listserv
Legislative and Regulatory News
from the American College of Obstetricians and Gynecologists
February 9, 2001
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For additional Legislative News articles, visit
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http://www.acog.org/from_home/departments/dept_web.cfm?recno=26
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Managed Care Reform Begins to Move:
1. A New Bipartisan Compromise:
This week, Senators John McCain (R-AZ), Ted Kennedy (D-MA) and a coalition of
Democratic and GOP lawmakers in the House and Senate introduced the
"Bipartisan Patient Protection Act of 2001." This compromise legislation
closely resembles last year's Norwood-Dingell bill and covers all Americans.
However, the bill's sponsors propose a new approach to liability issues.
Medical disputes would be reviewed in state courts, while contract claims
would go to federal court where awards would be capped at $5 million.
Senators Arlen Specter (R-PA), John Edwards (D-NC), Bob Graham (D-FL), Tom
Harkin (D-IA) and Representatives Greg Ganske (R-IA), Robert Andrews (D-NJ),
John Dingell (D-MI), Frank Pallone (D-NJ), Marion Berry (D-AR), and Max
Sandlin (D-TX) joined McCain and Kennedy in announcing introduction of the
bill.
2. The White House Weighs In:
Rep. Charlie Norwood (R-GA) acceded to a request made to all Republican
legislators by White House aides the day before , not to cosponsor the
McCain-Kennedy bill. Instead, Norwood issued a press release expressing his
support of the bill while postponing his sponsorship of the legislation.
White House aides suggest that President Bush is concerned about the
liability provision in the McCain-Kennedy bill. White House Press Secretary
Ari Fleisher indicated that Bush wants "stricter limits" on damage awards
with a possible $750,000 cap. Bush is also concerned about excessive patient
lawsuits stating that "employers...should be shielded from unnecessary and
frivolous lawsuits."
In a statement released in response to the introduction of the bipartisan
bill, Bush outlined his principles to a compromise, in which he expressed
that the highest deference should be given to existing state patient
protection laws and to the traditional authority of states to regulate health
insurance.
Senator Kennedy indicated that he was "encouraged by the statement of
principles and hopeful that a constructive bipartisan compromise [could] be
reached on their remaining differences." Senator McCain, the lead Senate
Republican on the bill, was less pleased, stating that, "it isn't clear how
the President would protect existing state laws, such as those in Texas and
Arizona, by insisting that all disputes be handled in federal court. Clearly,
this would preempt state laws allowing patients to hold their health plans
accountable for injuries or death resulting from the HMO's actions."
Go to, http://www.whitehouse.gov/news/releases/20010207-2.html, to view
President Bush's Principles For a Bipartisan Patient Bill of Rights.
3. Direct Access
One of ACOG's top legislative priorities is to enact legislation to guarantee
women direct access to covered obstetric and gynecologic services in managed
care plans. The new McCain-Kennedy compromise managed care reform bill
includes a strong direct access provision, endorsed by ACOG.
While we work to ensure that all congressional managed care reform proposals
include strong direct access provisions, we are also working to get stand
alone direct access bills introduced in both the House and the Senate. This
strategy helps ensure that direct access legislation can be passed, even if
Congress fails to act on a larger managed care reform bill. Rep. Kay Granger
(R-TX) and Sen. Barbara Boxer (D-CA) are currently considering introducing
direct access bills.
What you can do: Write your Member of Congress today and urge your support of
the McCain-Kennedy, Bipartisan Patient Protection Act of 2001. Do it today!
Go to, http://congress.nw.dc.us/cgi-bin/alertpr.pl?dir=acog&alert=59
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Family Planning: ACOG Urges Bush to Stand by His Commitment to Support Family
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Planning
Together with women's health and reproductive rights organizations, ACOG sent
a letter yesterday to President Bush, urging him to stand by the commitment
he made on his first day in office that "one of the best ways to prevent
abortion is by providing quality voluntary family planning services."
The letter requests a funding level of $300 million, an increase of $46
million, for Title X family planning in the FY2002 budget. To view the letter
go to,
http://www.acog.org/from_home/departments/dept_notice.cfm?recno=11&bulletin=1424
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ACOG Pushing for EMTALA Reforms
ACOG is working closely with the AMA, the American College of Emergency
Physicians, and other physician groups to develop legislation and
Congressional support for improvements in the Emergency Medical Treatment and
Active Labor Act (EMTALA.) EMTALA requires hospitals to provide emergency
medical treatment and screening to all individuals entering emergency
departments.
The physician community has become increasingly concerned that HCFA and the
courts have expanded EMTALA in ways that compromise a physician's ability to
provide high quality patient care, that may expose physicians to increased
liability, and that do not appropriately reimburse physicians for their time
and efforts.
It's important that any ob-gyn specific concerns Fellows may have are
included in the overall legislative package that will be presented to
Congress. Fellows who have experienced particular difficulties as a result
of EMTALA are urged to email ACOG's Department of Government Relations at
keycontact@acog.org, with their comments and concerns.
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RU-486 Bill Reintroduced
Senator Tim Hutchinson (R-AR) and Representative David Vitter (R-LA)
reintroduced the "RU-486 Patient Health & Safety Act" which was sponsored by
Hutchinson and retired Rep. Tom Coburn (R-OK) last fall. This legislation
would "codify and strengthen" the FDA's regulations governing distribution
and administration of mifepristone.
At the press conference, Vitter said, "Last Fall, the Clinton-Gore FDA caved
into political pressure from the abortion lobby and hurriedly approved the
abortion drug without crucial health protections for those who use it. Our
legislation corrects that mistake." Vitter also suggested that the bill would
align the U.S. with European nations, such as England and France, which have
established "more stringent" provisions.
At the same, time members of the Congressional Pro-Choice Caucus, including
Reps. Nita Lowey (D-NY), Rosa DeLauro (D-CT), Dianne DeGette (D-CO), and Jan
Schakowski (D-IL), held a press conference to condemn the bill. Lowey said,
"If President Bush signs a bill with these restrictions you may as well pull
the drug from the market."
ACOG will monitor all upcoming action on this legislation.
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Congress Plans to Move Bankruptcy Reform: Clinic Violence Amendment Likely to
be Offered
Senate Republican Leaders announced this week its intention to bring
bankruptcy reform legislation to the floor for a vote next week, following
committee action earlier in the week.
Senator Chuck Schumer (D-NY) and Representative Jerrold Nadler (D-NY) have
indicated that they will offer amendments to the bankruptcy measure to
prohibit clinic violence criminals from avoiding penalties for their crimes.
Judiciary ranking member, Patrick Leahy (D-VT) has also stated his support
for restoring this provision to the bill.
ACOG strongly supports the Schumer/Nadler amendment.
What you can do: Urge your Member of Congress to support the Schumer/Nadler
amendment. Go to,
http://congress.nw.dc.us/cgi-bin/alertpr.pl?dir=acog&alert=26
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ACOG Supports DES Action International Colloquium on Capitol Hill
April 2, 2001 marks thirty years since the discovery, by Arthur Herbst, MD
and others, of the link between DES (diethylstilbestrol) and cancer.
On April 2, ACOG, along with the national organization for DES-exposed
people, will hold a daylong Colloquium on Capitol Hill for Members of
Congress and Congressional staff, featuring Dr. Herbst and other experts.
The public is invited and advance registration is required. The registration
fee of $65 includes all conference materials, lunch, and a networking
reception. To register and for more information, call DES Action at
1-800-DES-9288 or go to http://www.desaction.org.
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If you would like more detailed information on active bills in Congress,
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please go to the congressional website: http://thomas.loc.gov
Thank you for your interest and support in ACOG's efforts on Capitol Hill.
Let us know of your progress. Send an email to keycontact@acog.org.
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