Expected Outcome of the Bill

There have been many efforts in past Congresses to pass a comprehensive Patient's Bill of Rights to offer patient protections. Although many agree that Americans should have the best possible health care, developing a Patient's Bill of Rights has not been an issue with easy solutions. Politics between Democrats and Republicans has prevented the passage of a bill of rights in previous Congresses and it could possibly do so this time around as well. Even though it is quite early to tell whether or not Senator Kennedy and McCain's bill will be passed, there are both factors working for and against their legislation.

The makeup of both the House and the Senate is tighter than it was in the past. It is believed that it will be harder for Republicans to fight the legislation with such strong Democratic support. It can also be assumed that Republicans will hopefully support this measure since it is a bipartisan effort. An article in The San Diego Tribune in February stated that fifty-four senators have endorsed the McCain-Kennedy bill and aides report that additional five or six senators have privately given their support. At least sixty votes are needed to override a vote-blocking filibuster. Of course, there is no guarantee that the additional Senate votes will materialize.

President Bush is also another stumbling block to passage of the Bipartisan Patient Protection Act. He has publicly spoken out against McCain and Kennedy's proposal and outlined his own requirements for a bill of rights. One of the most controversial issues has been a patient's right to sue the health maintenance organization (HMO) and the amount of rewards that a patient could possibly receive from the courts. Bush has also emphasized that litigation should be a last resort and a patient should only be able to hold their health plans liable in federal court after an independent medical review decision from a board not related to the HMO. He has even announced plans to propose his own legislation.

Despite resistance from opponents, a patient bill of rights is way overdue. The public deserves to have rights and access to quality care. Because this is an issue that has been debated over for so long, there has to be an end in sight. More than likely, the Bipartisan Patient Protection Act will pass with modifications to appease both Republicans and Democrats and President Bush will have to stick to his campaign trail pledge of bringing both parties together on behalf of a patient's bill of rights.