James M. Jeffords: “for nearly 5 years, Congress has debated how best to enhance protections for patients enrolled in managed care plans…”

“for nearly 5 years, Congress has debated how best to enhance protections for patients enrolled in managed care plans without unduly increasing health care costs, imposing significant burdens on America's employers, and adding to the ranks of the uninsured. Our debate over the last two weeks has given us ample opportunity to thoroughly discuss these critical issues. Through the amendment process the McCain-Edwards-Kennedy bill has been significantly improved. I particularly commend Senator Snowe for her amendment on employer liability and Senator Thompson for his amendment on exhausting the appeals process. However, I believe the McCain-Edwards-Kennedy bill is still fundamentally flawed in two critical areas. First, the bill would subject plans to excessive damages in the new federal cause of action. And second, by subjecting plans and employers to a new State cause of action, the bill destroys the current national uniformity for employers. The bill would subject employers or their designated agents to lawsuits in 50 different States. The better alternative to the McCain-Edwards-Kennedy bill is our amendment.”