James M. Jeffords: “Vermont has passed many of the consumer protections contained in the two bills. However, it has not enacted all. As…”

“Vermont has passed many of the consumer protections contained in the two bills. However, it has not enacted all. As Vermont's employers struggle with 20-percent to 30-percent premium increases, and the State adjusts to the departure of a major carrier, the Governor and the State legislature have agreed to a moratorium on the passage of additional consumer protections. Under the House approach, the Vermont legislature's decision would be overridden, and they would be forced to pass additional congressional insurance mandates. We in Congress cannot be working at cross-purposes with respect to our States, which are best positioned to understand the needs of the local health care markets. This is not an issue of States' rights--it is an issue of who is best situated to determine what's right for our States. On Sunday, House and Senate Republican staffers offered new proposals on managed care legislation in the key areas of liability, scope, and access. The offer would provide for a new Federal cause of action in ERISA to allow for lawsuits for failure to comply with the decision of the independent medical reviewer. On the issue of scope, the Republican conferees offer the new protections would be extended to 'all 193 million Americans covered by health insurance.' We believe that this should be achieved through a combination of Federal and qualified State protections that takes into account a consideration of market composition and fee for services issues.”