While a comprehensive Patients’ Bill of Rights has not been debated in Congress for several years, there has been state- and national-level legislative and judicial action on the issue of patients’ right to sue their health plan. In June 2004, the U.S. Supreme Court overturned a Texas law that gave patients the right to sue their health plans for damages in state court.

During the Patients’ Bill of Rights debate, in 2001, seven in ten (69%) said that it would be very or somewhat important to them that patients’ rights legislation includes the right to sue a health plan. In August 2004, 57% said they would favor a new law giving people the right to sue.