S 1052 - Patients' Bill of Rights - National Key Vote


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Title: Patients' Bill of Rights

Vote Smart's Synopsis:

Vote to pass a bill that allow patients to appeal decisions made by their health plan organization about coverage and treatment and provide federal protections, such as access to emergency room care.


  • Gives patients the right to sue insurance companies over medical decisions in state court, with a cap of $5 million on non-economic damages.
  • Requires that patients demonstrate harm, not just allege it, before going to court.
  • Exempts hospitals and physicians from liability for certain health plan decisions.
  • Bans concurrent suits in federal and state court.
  • Prohibits insurance companies from penalizing doctors for ordering procedures that insurance companies do not classify as necessary.
  • Allows patients to visit the closest emergency room, regardless of other factors.