Arlen Specter: “as I listened to the proposal by the Senator from Arizona, the thought came to my mind about the right of an individual…”

“as I listened to the proposal by the Senator from Arizona, the thought came to my mind about the right of an individual to waive rights. That is deeply ingrained as part of the law of the United States, so much so that when you talk about constitutional rights in a criminal case--where the rights are much more deep-seated, much more profound, based on the Constitution--that right to waive does exist. In a sense, what the Senator from Arizona is proposing is that an individual who seeks health insurance would have the right to waive certain rights, which is recognized in law. The keyword which I found persuasive in what the Senator from Arizona had to say was the word ``voluntary.'' I would add to that--I think this is part of his concept--that it be a knowing waiver--a voluntary, knowing waiver. And I would expect that, as part of that, the individual would have counsel to understand his rights, because you cannot understand your rights for damages--the complexities--unless you know what they are, and whatever may be said about lawyers on this floor, you need a lawyer to tell you what your rights are. Then the individual would be in a position to evaluate the reduction in premiums, and thereby which savings would be passed on to him for what he was giving up. In that context, I think the proposal passes muster.”