Amendment107th Congress
Amendment guarantees patients Federal remedies to hold health plans accountable for wrongful denial or delay of medical care and caps non-economic damages at $1.5 million and punitive damages at $1.5 million.
- Amendment Number
- 303
- Description
- Amendment guarantees patients Federal remedies to hold health plans accountable for wrongful denial or delay of medical care and caps non-economic damages at $1.5 million and punitive damages at $1.5 million.
- Purpose
- An amendment numbered 2 printed in House Report 107-184 to provide patient protections and the right to independent medical review for denials of medical care by the health plan; to guarantee patients new federal remedies to hold their health plans accountable when they have been injured by wrongful denial or delay of medical care; to allow cases against employers to be removed to federal court by the defendant; to allow cases against health insurers to be heard in state court; to allow employers to designate decision makers who will have sole liability for benefit determinations; to ensure that patients must exhaust the independent medical review process befor seeking expanded damages in court; to allow patients to seek injunctive relief at any time for irreparable harm; to allow unlimited economic damages in both federal and state court; to limit non-economic damages at $1.5 million and will be available only where the designated decision maker fails to comply with the independent medical reviewer's decision that the claim for benefits should be granted; and to limit class action lawsuits under ERISA and RICO to participants in a group health plan established by a single plan sponsor.
- Congress
- 107
- Type
- HAMDT
- Latest Action Date
- Aug 2, 2001
- Latest Action Text
- On agreeing to the Norwood amendment (A002) Agreed to by recorded vote: 218 - 213 (Roll no. 329).
- Latest Action Time
- 20:22:40
- Submitted Date
- Aug 2, 2001
- Chamber
- House of Representatives
- Update Date
- Aug 15, 2021