Sylvester Turner: “we have heard a lot today from the other side about the need for balance between giving patients protections and holding…”

“we have heard a lot today from the other side about the need for balance between giving patients protections and holding down the cost of health insurance premiums. In Texas, we have had 4 years of experience under our patient protection laws. Health insurance premiums in Texas have gone up at less than half the national average, 1,400 patients have exercised their right to appeal, and only 17 lawsuits have occurred. The original Ganske-Dingell-Norwood bill is modeled after the Texas law. I submit to Members, in Texas, it is working. The Norwood amendment that is offered here today destroys that balance and tips the scales of justice in favor of the insurance companies. Let us look at what the Norwood amendment does to the Ganske-Dingell-Norwood bill. First, it establishes procedural rules that favor the insurance company. For example, if the external review panel makes a ruling and you decide as a patient to appeal it, you go into court with the legal presumption that the medical review panel is correct. And to overcome that, patients have to do it by clear and convincing evidence, not the usual preponderance of the evidence in most civil cases. Secondly, the Norwood amendment imposes this cap on noneconomic damages.”