Q: Do the American people really want a Patient's Bill of Rights as proposed by Sens. McCain, Kennedy and Edwards?

A: Not necessarily. A recent Kaiser Family Foundation survey found that Americans think many health care issues are important for Congress and the president to deal with, yet they rank "protecting patients' rights" at the bottom of the list. Ironically, supporters of the McCain-Kennedy bill, such as the American Medical Association, use the Kaiser survey to buttress their case, pointing out that 85% of the respondents favor a "Patient's Bill of Rights." What the AMA is not saying, is when told that some employers might be forced to stop providing health insurance for their employees, support for "Patient's Bill of Rights" drops by more than half. Importantly, more people (47%) would oppose it, than support it (41%).

Q: Is the Patient's Bill of Rights needed to allow patients to sue their HMO?

A: No. Patients can already sue their HMO for a variety of reasons, including payment for treatments not covered by their plans. McCain-Kennedy would merely increase the exposure of insurance companies to litigation by opening up state courts, and shifting what are essentially contract disputes into tort cases. This means that insurance companies would be liable not only for the costs of benefits (contract law), but also for economic losses and punitive damages associated with any claims (tort law).

Q: What affect would McCain-Kennedy have on the cost of health insurance?

A: By allowing HMOs to be sued for economic losses and punitive damages associated with contract disputes, insurance companies will likely have to raise premiums. These increased premiums could make it impossible for some employers to afford health care coverage for their employees.

Q: What is the difference between the bipartisan McCain-Kennedy- Edwards and the tripartisan Breaux-Frist-Jeffords bills?

A: The main difference is in the amount of economic and punitive liability that the HMOs would be subject to. The McCain-Kennedy-Edwards bill sets a cap at $5 million, while the Breaux-Frist-Jeffords bill sets it at $500,000. Additionally, McCain-Kennedy allows contract disputes to be heard in state court, while the Breaux-Frist bill only allows them in federal court.

Q: Should Congress instead focus on ways to make private health insurance more affordable?

A: Yes. By providing tax-credits for the purchase of health insurance, and allowing every American to own a Medical Savings Account, Congress can solve many of the problems that the "Patient's Bill of Rights" attempts to address.