PROS AND CONS OF THE SENATE PROPOSAL

What one organization or politician considers a merit of the Bipartisan Patient Protection Act, others may consider a downside. The following outline, therefore, attempts to present facets of the legislation that most parties involved may similarly consider positive, negative, or neutral.

Pros

• S. 283 provides legal recourse for patients who believe that their claims are not adequately served through the internal and external review processes.
• Those who have suffered irreparable harm, injury, or death, may seek redress and compensation in state courts.
• Federal courts may not assess a civil monetary penalty more than $5 million.
• Covers all privately insured Americans

Cons

• Challenges health insurers' cost management mechanisms.
• Health insurance premiums could rise as much as 8%
• Consumers may choose to forgo health insurance as a result of inflated premiums.
• Employers wary of rising premiums and a chance of liability may choose to no longer offer employee health benefits.
• No limit to the amount of monetary damages assessed in state courts; state laws determine allowable damages.