United States · Amendment · HAMDT

HAMDT 303 (107th)

An amendment numbered 2 printed in House Report 107-184 to provide patient protections and the right to independent medical review for denials of medical care by the health plan; to guarantee patients new federal remedies to hold their health plans accountable when they have been injured by wrongful denial or delay of medical care; to allow cases against employers to be removed to federal court by the defendant; to allow cases against health insurers to be heard in state court; to allow employers to designate decision makers who will have sole liability for benefit determinations; to ensure that patients must exhaust the independent medical review process befor seeking expanded damages in court; to allow patients to seek injunctive relief at any time for irreparable harm; to allow unlimited economic damages in both federal and state court; to limit non-economic damages at $1.5 million and will be available only where the designated decision maker fails to comply with the independent medical reviewer's decision that the claim for benefits should be granted; and to limit class action lawsuits under ERISA and RICO to participants in a group health plan established by a single plan sponsor.