James M. Talent: “And it would have been up to her physician to decide whether it was emergency or urgent care which then triggers the…”

“And it would have been up to her physician to decide whether it was emergency or urgent care which then triggers the time limits in the bill. Moreover, if the plan had denied coverage after the external review panel had said it was covered, as the gentleman knows, the $250,000 penalty is a per diem penalty, a per day penalty. Every day they do not pay, they would be liable for up to $1,000. Why? Because we are not trying to promote litigation in this. We want the treatment covered when the physician has recommended it. And so what we are saying to the HMOs, ``Pay and don't delay because the longer you delay the more you're going to have to pay after a few weeks or months.''”