Frank Pallone: “And there is also the fact that the States do not have any power over the ERISA plans, and the majority of the people…”

“And there is also the fact that the States do not have any power over the ERISA plans, and the majority of the people are actually under some kind of self-insured program or self-insured health care or managed care through where they work, and that is preempted by Federal law so that those State plans do not apply. Just to give an example, and I know we do not have a lot of time, we are almost out of time, but I just went through some of the highlights of the Patients' Bill of Rights: Guarantees access to needed health care specialists. Most people probably think they have a right to see a specialist, but they do not necessarily right now. Provide access to emergency room services when and where the need arises. Most people are shocked to find out they cannot go to the local emergency room because their HMO says they have to go somewhere else. Provide continuity of care protections to assure patient care if a patient's health care provider is dropped. Give access to a timely internal, independent, external appeals process. Ensure that doctors and patients can openly discuss treatment options. That is a great one. The gag rule. When I explain to constituents that under many managed care plans now that a doctor cannot give them information about a course of treatment that is not covered by the insurance company, they cannot believe it. Most people view that as un-American because they figure we all should have a right to free speech.”