John B. Breaux: “I am trying to resolve this point. It is not irresolvable. You suggest that the Department of Labor comes up with an…”

“I am trying to resolve this point. It is not irresolvable. You suggest that the Department of Labor comes up with an approved list of independent external review people. It could be several groups or several individuals who would be in a selected group of independent reviewers. When that is done, the next step is that somebody has to pick the one for this particular case that is at issue. It is either going to be the HMO that has to enter into the contract or the Department of Labor that is going to have to select the one that is going to be used in every one of these procedures. It seems to me at that point, if the DOL has selected a group of impartial reviewers, that there is nothing wrong with having the HMO pick one of them to enter into a contract with because it is from an approved list and it has to come from that approved list. Is that bad?”