Patients' Rights/HMO Accountability Signed into Law

OKLAHOMA CITY - A bill that would enable Oklahomans to hold their HMO's legally responsible for health care decisions has been signed into law by Governor Keating. That's according to the legislation's author, Senator Brad Henry.

Senate Bill 1206 enables members to sue their HMO if it improperly denied them necessary medical treatment ordered by their primary physician or made other health care decisions that were found to be detrimental to them.

"This legislation had the overwhelming support of both Democrats and Republicans. We simply want to make sure that Oklahomans have access to quality healthcare, and that they have the right to hold these companies accountable for their actions," said Senator Henry.

Previously, only public employees had the right to sue their HMOs. SB 1206 extends that right to all Oklahomans.

"This is about equal treatment. Consumers in the private sector should have the same basic health care rights as legislators and public employees, who already have the right to hold their HMOs legally responsible for medical decisions. HMO's shouldn't be able to treat their patients differently because one works for the government while another works for a private employer," said Senator Henry.

"If the actions of an HMO have harmed you, you should have the right to seek compensation. This basically makes sure the rules are the same for everyone," noted Senator Henry.

"At the same time, we built in protections that require patients to first exhaust the administrative review process and ensure that employers cannot be held liable for the actions of an HMO," explained Henry.

SB 1206 is similar to laws already on the books in other states allowing members to sue HMO's, including a bill passed recently by the Texas Legislature and allowed to become law by Governor George Bush.

"Although opponents in the HMO industry have argued that such legislation would result in higher premiums, that simply hasn't been the case," said Henry.

"We simply are following the lead of other states by making sure that there is a level playing field for HMOs and their members. This is the right thing to do for Oklahomans," commented Senator Henry.

The new law takes takes effect July 1, 2000.