Arlen Specter: “The concern I have, having gotten an understanding on the applicability of the statute, which the Senator and I are in…”

“The concern I have, having gotten an understanding on the applicability of the statute, which the Senator and I are in agreement with, is, how is it going to work? I characterized it, while the Senator was off the floor, as a procedural quagmire. If you have a case--and I cited a couple of them--where a child is born, and the mother has an HMO which encourages release from the hospital within 12 hours, and the child, unfortunately, dies--and I cited a specific case--and then you have a series of claims which were brought by the plaintiff and one of the claims involves interpretation of the contract, is that care covered by the contract? Then if there are other claims for negligence on the part of the doctor or hospital, that would then fall under the amendment of the Senator from North Carolina under State court jurisdiction. I cited another case where you had a woman who was suicidal, she was released from the hospital, the doctor wanted to put her back in, and the HMO wouldn't let him do that. She committed suicide. A suit was brought and the HMO defended it on the ground that it wasn't covered. That went from the Federal court. They dealt with the exclusive preemption under 502. But the aspect of 'quality of care' is a State court action. You have perpetuated that. It is very difficult, obviously, to move totally away from Federal jurisdiction under ERISA on the interpretation of the contract because there is so much law on the subject.”