the great thing about debate on the floor of the Senate--particularly extended debate--is that we get past the high-pitched rhetoric and actually get to the facts. I want to respond briefly to some of the comments of my friend and colleague from New Hampshire. He argues that under our bill employers can be held responsible-- citing a particular page of the legislation--if they make a comment to an employee going out the door on the way to their doctor saying, ``hope you feel better''. First of all, President Bush has issued a set of principles that are specific to this issue. His principles say, ``Only employers who retain responsibility for and make final medical decisions should be subject to suit.'' So the President himself, in his principles, has said employers that are making medical decisions about individual cases are subject to sue and should be subject to sue. My colleague from New Hampshire cited language on page 141 of the bill referring to, ``otherwise, calls of action created by failing to exercise ordinary care in the performance of a duty.'' Two pages later in the bill, which unfortunately my colleague didn't talk about, there is language at the bottom of the page, subsection (A), that says: ``This section does not authorize a cause of action against an employer.'' What I suggest to my colleague is that he read the entirety of the section to which he refers.…
Editor's note · Context
Responding to comments about employer liability in a healthcare-related bill.
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