Health Administration Responsibility Project
HARP Draft Bills

From time to time over the past decade, HARP has noted problems, some small, some massive, which could be relatively easily corrected with a small change to the law. These draft bills embody some of the suggested changes. Each bill explains, in an initial "Findings" section, the problems it attempts to correct.

These drafts are suggestions, and we hope they will be improved through discussion and your suggestions.
And, if you have ideas for simple legal solutions to problems of HMO enrollees, please feel free to convey them to the webmaster.
We hope to ultimately secure the support of legal and consumer organizations to turn these ideas into law.

  • ERISA (The Employee Retirement Security Act of 1974) was designed to protect employee benefits, but a series of disastrous Supreme Court decisions have turned it against the those it was meant to benefit. The ERISA Clarification Act attempts to pinpoint the specific problem areas in this massive bill. Further justification for the measures suggested are in a separate Comments file.

  • Insurer Medical Exams (IMEs) are often used to aggressively disadvantage insurance claimants. The Fair IME bill attempts to state an IME patient's bill of rights. In the event it is politically impossible to pass the entire bill, the Videotaped Medical Examination Bill, attempts to at least allow the patient's representative to videotape the exam.

  • Mandatory Arbitration of HMO grievances supplants a relatively neutral trial court with a biased arbitrator dependent on the HMO for continued business. The Voluntary Health Plan Arbitration Act would make Arbitration entirely voluntary, but if that is politically impossible, Mandatory Health Plan Arbitration Act would change the rules of mandatory arbitration to attempt to make it as fair as a court case.

  • Non-Profit Law Corporations have a hard time surviving, because the law unfairly discriminates against them, thus depriving many low-income claimants with small claims, of access to the courts. The Non-Profit Law Corporation Bill would change the law to make it easier for lawyers to practice in such a setting.

  • Settlement Gag Clauses prevent regulators and the public from learning about negligent HMOs, hospitals, and doctors. The Open Settlement Bill aims to render such clauses unenforceable.

  • Utilization Reviewers can cause patients severe injury with dishonest, biased decisions, but it is often difficult to hold them liable. The Utilization Review Fairness Act attempts to hold them accountable for their decisions.
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