James M. Talent: “It would be borderline because under the law today you are allowed attorney's fees. So it would be a borderline type of…”

“It would be borderline because under the law today you are allowed attorney's fees. So it would be a borderline type of situation. In many cases the lawyer would just say and the patient would say, ``It's not worth it.'' Why do I want to go years and years and years in court with the plan having every incentive to spin out the case as long as possible? So ours is an improvement in a number of different respects. First of all, the $250,000 penalty, which is triggered by delay, we are saying to the plans, ``Every day you delay it costs you more. We want you to pay when this panel has said you should pay.'' In addition, you can go to court right up front to get an emergency injunction in those cases where a life is really at stake. Any judge is going to say, ``The treating physician has recommended this care, it's an emergency situation, there's some kind of a contract dispute, I'm going to put this person in the hospital while you take the necessary week or 10 days or whatever it is to resolve this matter.'' So we have expedited the process, it is low cost to the patient as the gentleman knows, it is swift, it is sure, it is certain, it is a way of getting people the care that they need.”