Bush's take on patient protection goes beyond Texas bragging

                     AUSTIN -- Oh, come now, Gov. Bush. None of us minds a little
                     exaggeration, a little polishing of the positive when it comes to
                     your record here in Texas. But now it's "liar, liar, pants on fire."
                     Your nose is growing, Governor.

                     George W. Bush is now running a TV ad around the country that
                     claims: "While Washington was deadlocked, he passed a patients'
                     bill of rights. Under Gov. Bush, Texas enacted some of the most
                     comprehensive patient protection laws in the nation."

                     Excuse me, but if anyone is interested in the truth, George Dubya
                     vetoed the patients' bill of rights in Texas when it was first
                     passed by the legislators in 1995; and when they passed it again,
                     over his opposition, by a veto-proof majority in 1997, he
                     threatened to veto it again and then let it become law without his
                     signature because a veto wouldn't hold.

                     He never even signed the patients' bill of rights, and you can look
                     it up. Claiming that "he passed" or "delivered" the patients' bill of
                     rights is turning the truth on its head.

                     Let us return to those thrilling days of yesteryear in the 74th and
                     75th sessions of the Texas Lege.

                     As you recall, Bush's sole legitimate claim to be a "reformer with
                     results" rests entirely on "tort reform," if you happen to consider
                     that reform.

                     The package of bills called "tort reform," passed in 1995 with
                     Bush's strong support, makes it much, much more difficult to sue
                     corporations for almost any variety of misfeasance, malfeasance
                     or nonfeasance. Of course Bush was opposed to letting patients
                     sue HMOs. As he said repeatedly, he wanted "to make sure we
                     don't create more reasons for lawsuits."

                     The first version of the patients' bill of rights passed in 1995 for
                     the following quaint reason: In Texas, the doctors' lobby has more
                     clout than the health insurance lobby.

                     The doctors were unhappy with HMOs, both on their own behalf
                     and on behalf of their patients. Two weeks after his maiden
                     session of the Lege was over, Bush vetoed a bill by Sen. David
                     Sibley, R-Waco. Bush vetoed the Patient Protection Act that
                     would have allowed patients greater freedom in choosing
                     health-care providers and allowed doctors more latitude in
                     prescribing treatment.

                     In 1997, there was a happy harmonic convergence of political
                     forces. Lt. Gov. Bob Bullock (remember, in Texas the lite guv has
                     more power than the guv) had appointed a special interim
                     committee to study the growing problem of patients being
                     extremely unhappy with their HMOs.

                     Bullock named Sibley -- the only member of the Lege who
                     happens to be both a doctor (oral surgeon) and a lawyer -- as
                     chairman of the interim committee. The R's on the committee,
                     most notably Sibley and Sen. Chris Harris of Arlington, led the
                     charge on patient protection.

                     They took the ball that Bullock handed them and ran with it. They
                     listened to all the witnesses who came to complain about lousy
                     treatment from their HMOs and were outraged.

                     The interim committee came up with six pieces of legislation that
                     came to be called the patients' bill of rights. The most
                     controversial was holding HMOs legally responsible for injuries
                     caused if they deny or delay payment for needed medical
                     treatment.

                     The other parts of the package were:

                     * A report card allowing consumers to compare health-care plans.

                     * Repeal of the "gag rules" so that doctors can freely inform
                     patients of treatment options without fear of reprisals from the
                     HMOs.

                     * More stringent protection for the confidentiality of patient
                     records.

                     * Requiring that managed-care officials who decide what care
                     would be covered must be licensed physicians, nurses or
                     physician assistants.

                     * Prohibition of retaliation against patients or doctors who file
                     reasonable complaints.

                     * Calls for a "prudent layperson" definition of emergency care.

                     * Terms stating that patients could not be forced to pay for
                     services that are covered under a plan, even if the HMO fails to
                     pay.

                     Of course, the HMOs all screamed and yelled and claimed that
                     costs would go through the ceiling and that floods of lawsuits
                     would result.

                     They were particularly frantic about the possibility of legal
                     liability, and they proposed instead that there be an "independent
                     review" of denials of care. Except, naturally, in the HMO version,
                     the review would not have been independent -- the HMOs would
                     choose who did the review.

                     Instead of getting into a bloody battle over legal liability vs.
                     "independent review," the reformers said calmly: "Why not do
                     both? We'll take it." And so they did. They put a truly
                     independent review in place to deal with patient complaints, and
                     that has solved almost all the problems, and they put in the
                     option to sue, too. Last time I checked, exactly two lawsuits had
                     been filed in the three years since.

                     From state newspapers during that battle:

                     * `The Dallas Morning News,' Feb. 19, 1997: "Steve Montgomery,
                     manager of government affairs for Harris Methodist (HMO) said
                     HMOs still have Gov. George Bush in their corner but are not
                     counting on his support since he has not taken an official stance
                     on the issue."

                     * `Austin American Statesman,' May 11: "A battle over lawsuits
                     against managed care organizations for treatment decisions that
                     harm patients has prompted two Republican lawmakers [Sibley
                     and Harris] to take on GOP Gov. George W. Bush's office. . . .
                     Bush has supported the idea of an independent review of the
                     insurers' decisions. But a proposal to establish such a procedure
                     was voted down 120-21 in the House. . . .

                     "Republican Sens. David Sibley of Waco and Chris Harris of
                     Arlington accused a Bush staffer of working against the bill when
                     an effort to win final approval for it was sidetracked Saturday. `I
                     can't make some staff member in the governor's office happy, and
                     I can't make them happy no matter what I do, unless I completely
                     gut the bill,' said Sibley. . . .

                     "Vance McMahon, Bush's policy director, has been dealing with
                     lawmakers on the issue and represents Bush's wishes, said Bush
                     spokeswoman Karen Hughes. `The governor is concerned about
                     opening a Pandora's box of new lawsuits,' Hughes said. . . .
                     Hughes said Bush hasn't decided whether he would sign or veto
                     the bill if it reaches his desk."

                     And this is the guy now claiming he "passed" the patients' bill of
                     rights?
 

                     Molly Ivins is a columnist for the `Star-Telegram.' You can reach
                     her at 1005 Congress Ave., Suite 920, Austin, TX 78701; (512)
                     476-8908; or send comments to mollyivins@star-telegram.com
 

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