Gov. Minner, Sen. Blevins, Rep. Maier Introduce Patient’s Bill of Rights Legislation for 2001
Dover – Governor Ruth Ann Minner, State Senator Patricia Blevins, State Representative Pamela Maier, Lieutenant Governor John Carney and Secretary of Health and Social Services Vincent Meconi gathered Wednesday to unveil new, more stringent protections for the rights of patients, including proposed protections that would make Delaware a national leader in the area.
Senate Bill 8, sponsored by Sen. Blevins and Rep. Maier, builds on the patient protections Delaware has already implemented, but would also put Delaware ahead of other states.
The major provisions of the proposal include:
§ The right of patients to see a doctor who isn’t their primary care physician in those cases where their primary care physician can’t give them the specialized treatment they need.
§ The right of patients to return for a follow-up visit to a specialist without their primary care physician having to re-refer them.
§ The right for Delawareans with health insurance to be covered for emergency care, even if it is not provided by a pre-approved physician.
§ The right to access to prescription drugs not on an HMO’s pre-approved list, provided a doctor thinks it’s necessary.
There are two proposals where Delaware would become a leader in patient’s rights, if passed:
§ Creation of a speedy arbitration process for patients who have disagreements with HMOs over treatment.
§ Allowing patients to hire a lawyer to fight for benefits that have been wrongly denied, and for the HMO to be responsible for those attorney fees if the attorney and patient are successful.
“This bill, more than anything else, is about fairness,” Gov. Minner said. “Delawareans pay good money for their HMO and health insurance coverage, and I intend to make sure that they get what they paid for.”
“Senate Bill 8 moves our state closer to having some of the most comprehensive health insurance laws in the country,” Sen. Blevins said. “It is the next step in what has been a series of legislative initiatives to provide Delaware citizens with health insurance laws that level the field between patient and insurer by giving the patient certain assurances regarding the extent of his or her coverage and the expediency with which the insurer addresses his or her health needs.”
“Acting quickly on this important piece of legislation will be my priority in the House,” Rep. Maier said. “As soon as the Senate has completed its deliberations and given it a thorough review, the House will do the same. The more direct access a patient has to their caregiver and the more rights they have to that access, the better our health system will be.”
