On the recordJune 28, 2001
I am proud to cosponsor amendment No. 834 with Senator Snowe and my other colleagues. It addresses an issue important to all of us here--protecting employers from undue liability. This amendment clarifies any confusion about who is responsible for medical decision-making. Under this amendment, employers who generally do not make medical decisions anyway--will be able to name a designated decision maker. If they contract with an insurance company, that company is automatically given the status of designated decision maker. The employer doesn't have to take any further action. Once designated, this entity will have the authority to make medical decisions. And with this authority, the designated decision maker--not the employer--will have the responsibility for those decisions if they result in harm to the patient. I believe this amendment serves as an important compromise. It enables employers to feel more comfortable offering their employees health benefits. And that's certainly something we want to encourage. But it also protects patients, and ensures that they receive all the protections provided under the Patients' Bill of Rights.
Source
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