Arlen Specter: “I believe the colloquies with the Senator from Massachusetts and the Senator from North Carolina have made my point.…”

“I believe the colloquies with the Senator from Massachusetts and the Senator from North Carolina have made my point. That point is that there is jurisdiction created under the McCain-Edwards-Kennedy bill in two courts. There really is no doubt about that because section 302 provides for the availability of Federal civil remedies, and that covers whether an item of service is covered under the terms and plans and conditions, and later there are medically reviewable decisions in State courts. Although there can be an inconclusive colloquy, as there is no confession or admission on the floor of the U.S. Senate, I think it is pretty plain that there are cases--and I have cited a whole series of specific cases in my presentation, Bauman, Pryzbowski, Lazorko, and Corcoran--where you had factual situations where you have an interpretation of a plan which would come under Federal jurisdiction-- such as the mother's stay covered for more than 24 hours, the suicidal woman's coverage extended for hospitalization under that circumstance-- then a combination of failure to have a plan coverage and also medical malpractice. And you have both claims brought. And under the McCain-Kennedy-Edwards bill, it is plain that those two claims would be brought in separate courts beyond any question.”