Contrary To What He Says, McCain Has Spent Most Of His Career Voting AGAINST Patient Protections

McCain: I Worked For A Patients' Bill Of Rights

This statement is technically true.

McCain Co-Sponsored Patients' Bill Of Rights With Kennedy And Edwards. According to the New Yorker, McCain co-sponsored the Patients Bill of Rights in 2001 with Senators Edward Kennedy and John Edwards.  The legislation was intended to regulate the managed-care industry. [New Yorker, 5/30/05]

• McCain Voted For The Patients' Bill Of Rights. In 2001, McCain voted for a bill that would provide federal protections, such as access to specialty and emergency room care, and allow patients to appeal a health plan organization's decision on coverage and treatment. It also would allow patients to sue health insurers in state courts over quality-of-care claims and at the federal level over administrative or non-medical coverage disputes. The bill passed 59-36. [S.1052,Vote #220,6/29/01]

However, McCain Has Voted Against A Patients' Bill Of Rights Numerous Times

McCain Voted To Kill A Patient Bill Of Rights At Least TWICE. [S.C.R. 86, Vote #73, 4/2/98; S. 1233, Vote #182, 6/22/99]

McCain Voted To Weaken Consumer Protections, Access, And Safety In The Patients' Bill of Rights At Least TWELVE Times. [S. 1344, Vote #210, 7/15/99; S. 1344, Vote #209, 7/15/99; S. 1344, Vote #208, 7/15/99; S. 1344, Vote #206, 7/15/99; S. 1344, Vote #205, 7/14/99; S. 1344, Vote #203, 7/14/99; S. 1344, Vote #202, 7/13/99; S. 1344, Vote #201, 7/13/99; S. 1344, Vote #200, 7/13/99; S. 1344, Vote #199, 7/13/99; S. 1233, Vote #181, 6/22/99; H.R. 4250, Vote #311, 10/9/98]

McCain Voted To Kill A Patient's Bill Of Rights. John McCain voted against an amendment that would have enacted a Patient's Bill of Rights. [S. 1233, Vote #182, 6/22/99]

• McCainVoted Against A Patient's Bill Of Rights That Generated Access To Health Coverage. In 1998, McCain voted to kill an amendment that would express the sense of the Senate that a "patient's bill of rights" should be established for participants in health plans. The "bill of rights" would guarantee access to coverage, prohibit so-called gag clauses, and establish a procedure to provide for an independent, impartial entity to review appeals when a health plan decides to deny care. The motion to table passed 51-47. [S.C.R.86,Vote #73,4/2/98]

McCain's Voting Record Shows A Pattern Of Voting Against American Patients

McCain Voted For An Insurance Industry-Friendly Patients' Bill Of Rights. In 1999, McCain voted for a Patients' Bill of Rights bill that did not allow consumers to hold their HMO's accountable for denial of treatment decisions or protect consumers from their HMO's interfering with medical decisions. According to the New York Times, "the extent of the other new protections -- including consumer information, the right to a hospital stay after a mastectomy if recommended by a doctor, access to an emergency room outside of a managed-care network -- would vary according to a person's insurance coverage. Many of the new rights would apply only to the 48 million people in self-financed plans offered primarily by large companies." The bill passed 53-47. [S. 1344, Vote #210, 7/15/99; New York Times, 7/16/99]

McCain Voted Against Requiring Continued Care For HMO Patients. In 1999, McCain voted against an amendment that would require HMOs to provide at least a 90-day extension of coverage for patients undergoing treatment if their plan changes or their doctor's contract with the plan is terminated. The amendment failed 48-52. [S. 1344, Vote #209, 7/15/99]

McCain Voted Against Prohibiting HMOs From Interfering In Decisions Between Doctors And Their Patients. In 1999, McCain voted for an amendment that prevented the establishment of protections to prevent inappropriate interference between health care professionals and their patients. The amendment passed 54-46. [S. 1344, Vote #208, 7/15/99]

McCain Voted Against Holding HMOs Accountable For Denial Of Treatment Decisions That Lead To Death Or Injury. In 1999, McCain voted to prohibit patients from suing in state courts for damages if they are harmed by an HMO plan's denial of treatment. The amendment to strike language allowing patients to sue passed 53-47. [S. 1344, Vote #206, 7/15/99]

McCain Voted Against Requiring Managed Care Access To Medical Specialists. In 1999, McCain voted against an amendment that would allow patients in need of a specialist to visit one outside their plan network at no additional cost if the plan cannot provide necessary care by a qualified provider within the network. The amendment failed 47-53. [S. 1344, Vote #205, 7/14/99]

McCain Voted Against Guaranteeing Patients Access To Clinical Trials. In 1999, McCain voted against an amendment that would require health plans to allow patients with life-threatening or serious illnesses, for whom standard treatments are ineffective, to participate in approved clinical trials. The amendment was defeated 55-45. [S 1344, Vote #203, 7/14/99]

McCain Voted To Deny Basic Health Protections To More Than 100 Million Americans. In 1999, McCain voted for an amendment which stated findings that attempted to justify excluding 113 million Americans from patient protection legislation and supported enacting legislation that affects only 48 million self-insured Americans; and speeds previously scheduled deductibility of health insurance costs of self-employed individuals. The amendment passed 53-47. [S. 1344, Vote #202, 7/13/99]

McCain Voted Against Ensuring Insurance Coverage For Emergency Room Care. In 1999, McCain voted against an amendment that would require group health plans to cover emergency room treatment and follow-up care for plan members without prior authorization if a "prudent layperson" would determine that the member requires immediate medical attention. The amendment failed 47-53. [S. 1344, Vote #201, 7/13/99]

McCain Voted For A Narrow Patients' Bill Of Rights Which Would Exempt HMOs From Its Provisions For Multiple Reasons. In 1999, McCain voted for an amendment that would require that the bill's provisions do not apply to any group health plan if the provisions result in: a greater than 1 percent increase in the cost of the plan's premiums in a plan year, or a 100,000-person decrease in any given year of the number of individuals in the United States with private health insurance. The amendment passed 52-48. [S. 1344, Vote #200, 7/13/99]

McCain Voted Against Mandating HMOs Provide Medically Necessary Procedures And For Limiting Patients' Abilities To Appeal Decisions. In 1999, McCain voted for an amendment that would strike the medical necessity and independent appeals provisions in the underlying Patients' Bill of Rights legislation and replace them with language to establish a narrower internal and external appeals process that would not codify a federal definition of medical necessity. The amendment passed 52-48. [S. 1344, Vote #199, 7/13/99] 

McCain Voted To Kill A Patient's Bill Of Rights.   In 1999, McCain voted against an amendment that would have enacted a Patient's Bill of Rights. The motion to table passed 53-47. [S. 1233, Vote #182, 6/22/99]

McCain Voted To Limit Protections In The Patients' Bill Of Rights. In 1999, McCain voted against a motion to table a bill that only covered people in self-funded plans and excluded 113 million Americans. It provided coverage for only one-third of HMO patients and provided limited assurances of services and no liability for HMO error. The amendment fell when Dorgan (for Daschle) amendment was tabled -- Vote No. 182. [S. 1233, Vote #181, 6/22/99]

McCain Voted Against Providing New Patient Protections Under Group Health Plans. In 1998, McCain voted to kill a bill that would revise managed care and medical insurance regulations. The bill would provide a range of patient protections, create a two-step appeals process for challenging a health plan administrator's decisions and expand the availability of medical savings accounts. The motion to table passed 50-47. [H.R. 4250, Vote #311, 10/9/98]