Consumer Group ands Author Challenge Sen. Abraham to Change Vote

DETROIT, Mich., Sept. 13 / U.S. Newswire/ -- The following wasreleased today by The Foundation For Taxpayer and Consumer Rights:

-- Consumer Group & Author Challenge Sen. Abraham To Change Vote;Seek Support For Patients' Bill Of Rights, Which Failed By One VoteIn Senate;

-- Gov't Employees Not Limited Like Private Sector Employees OnHMO Lawsuits: Abraham Asked To Support Right To Sue For All In Sept.Vote Or Waive Own Right

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Rich Gamber of the Michigan Consumer Federation and consumeradvocate Jamie Court called upon U.S. Senator Spencer Abraham toeither vote for the HMO patient's right to sue this September orsign a waiver of his own right to file a claim against an HMO. As agovernment employee, Abraham is not limited in his right to sue anHMO like patients with private sector employer-paid coverage.

The patients' rights legislation failed by one vote in the Senateearlier this year with Abraham voting against it. Another senatevote is slated for September. Abraham's "aye" vote now could sendthe bill to President Clinton's desk. (The Norwood-Dingell bi-partisan reform act, jointly sponsored by Michigan Congressman JohnDingell, already passed the House of Representatives.)

Jamie Court, executive director of the Foundation for Taxpayerand Consumer Rights, pointed out that the federal EmployeeRetirement Income Security Act or ERISA, which precludes 125 millionprivate sector employees from recovering damages, does not apply togovernment employees like Abraham. Michigan's other U.S. Senator,Carl Levin, supported the patients' rights legislation.

"Senator Abraham's vote will determine whether 125 millionAmerican patients will continue to face cruel HMO denials and delaysin the name of money, not medicine," said Jamie Court, co-author ofMaking A Killing: HMOs and the Threat To Your Health (Common CouragePress, 1999). "Yet Mr. Abraham has not been stripped of the legalremedies against an HMO that he has already voted once to deny tohis constituents. If Senator Abraham is unwilling to change hisvote, he should be willing to subject himself to the same limitedremedies as his constituents. Anything less would be hypocritical.All patients need the same big stick of a lawsuit to threaten theirHMOs as some government workers have today."

After a press conference in front of Abraham's office, Court andGamber delivered an official waiver to Abraham for his signature.

"I recognize that it is unfair for me as a public servant to havegreater remedies against an HMO than my constituents," the waiverreads. "I pledge to support the federal, bi-partisan HMO patients'bill of rights (known as the Norwood-Dingell legislation) when itcomes before me for a vote or I will waive my own legal remedies asa government worker against my HMO or health insurer. I voluntarilysubject myself to the limits of the Employee Retirement IncomeSecurity Act or ERISA in any lawsuit I may try to file on behalf ofmyself or my family against an HMO or insurer, although ERISA doesnot cover government employees."

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The Foundation For Taxpayer and Consumer Rights is a non-profit,non-partisan consumer watchdog group based in Santa Monica, Calif.(www.consumerwatchdog.org) Making A Killing can be found on theInternet at www.makingakilling.org

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KEYWORDS:

HEALTH CARE