While a comprehensive Patients’ Bill of Rights hasn’t been debated in Congress for several years, there has recently 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.
This Public Opinion Spotlight uses current and historical public opinion data from the Kaiser Family Foundation and other polling organizations to examine the public’s attitudes towards and experiences with their health plans, with a specific focus on managed care. It also looks at current and historical support for legislative action with regards to patients’ rights.
Views of Health Plans and Managed Care in General
Privately insured adults under age 65 give consistently high ratings to their own health plans, with majorities giving their plans a grade of A or B. However, those in more restrictive managed care plans tend to give lower ratings than those in less restrictive plans.
Despite high ratings for their own plans, most express generally negative views about managed care’s impact. While many say that managed care has increased access to preventive health services, majorities believe managed care has decreased access to specialists, the time doctors spend with patients and quality of care for the sick. Further, six in ten feel that managed care has not produced significant health care savings.
About one third (30%) of adults with health insurance say they are very worried about their health plan being more concerned about saving money than providing the best treatment, and another third (31%) say they are somewhat worried.
Despite the fact that the Patients’ Bill of Rights debate has received less attention in Washington in the past few years, more people say that problems with managed care plans have gotten worse in the past 3 or 4 years (29%) than say they have gotten better (12%). Nearly half (48%) say they have stayed about the same.
Attitudes Towards Legislation
From 1998 through 2001, when a comprehensive Patients’ Bill of Rights was being debated in Congress, large majorities of the public said they were in favor of such legislation. At that time, seven in ten (69%) said that it would be very or somewhat important to them that such a law includes the right to sue a health plan. More recently, in August 2004, 57% said they would favor a new law giving people the right to sue.
It’s important to note that, while the public is supportive of patients’ rights legislation, criticisms of such legislation register with the public. Despite high support for patients’ rights legislation during the height of the debate, support decreased when potential cost consequences were raised. While eight in ten said they would favor a Patients’ Bill of Rights in 2001, support dropped to 58% when supporters were read an argument often made by critics – that it would increase premiums by about $20 a month. Support dropped even further – to 34% – when supporters were read the argument that it would mean that some companies might stop offering health insurance to workers for fear of being sued.
