WASHINGTON, June 21 — The Supreme Court on Monday unanimously rejected
efforts by states to give patients in managed care a right that Congress has so
far declined to provide: the ability to sue managed-care companies for damages
for refusing to cover treatment that a doctor has deemed medically necessary.
The court ruled, in an opinion by Justice Clarence Thomas, that the laws of
Texas and nine other states are pre-empted by the federal law known as Erisa,
which applies to the employment-based health care plans that cover some 140
million people.
The law, the Employee Retirement Income Security Act of 1974, allows patients
to sue for reimbursement of denied benefits, but not for damages stemming from
the denial. A conventional medical malpractice suit, consequently, is not
permitted against a typical health maintenance organization or managed- care
company under the federal law.
The question for the Supreme Court was whether that prohibition left any
maneuvering room for the states, and the court's answer was no. Any state law
that "duplicates, supplements or supplants" the remedy available under
the federal law "conflicts with the clear Congressional intent to make the
Erisa remedy exclusive," Justice Thomas said.
As Justice Ruth Bader Ginsburg indicated in a concurring opinion, the result
returns the issue to Congress. "A regulatory vacuum exists," Justice
Ginsburg said in an opinion that was also signed by Justice Stephen G. Breyer.
For years, Congress has wrestled with but failed to pass a national
"patients' bill of rights."
The decision came in a pair of closely watched cases from Texas, where a
strong patients' rights bill became law in 1997 without the signature of George
W. Bush, who was then governor. During his campaign for the presidency four
years ago, Governor Bush embraced the state law, citing it as a product of his
nonpartisan leadership and as a potential model for the country. Arizona,
California, Georgia, Maine, New Jersey, North Carolina, Oklahoma, Washington and
West Virginia have adopted similar laws.
Before the Supreme Court, the Bush administration opposed the Texas law,
instead joining two managed-care companies, Aetna Health Inc. and Cigna
HealthCare of Texas Inc. in their appeal of a federal appeals court's ruling
that the Texas Health Care Liability Act and the federal law could coexist.
The United States Court of Appeals for the Fifth Circuit, in New Orleans,
held in 2002 that the damage suits brought by two managed-care patients were not
the type of lawsuit that Congress had intended to pre-empt. While Erisa would
bar a breach of contract suit for a denial of benefits, the appeals court said,
Congress had not intended to pre-empt a damage suit based on a "duty of
ordinary care" as defined in state law.
One of the plaintiffs, Ruby Calad, had a hysterectomy and other abdominal
surgery under her husband's health care plan provided by his employer. The plan,
managed by Cigna, provided for a one-day hospital stay for a hysterectomy. Ms.
Calad's surgeon recommended a longer stay, but the Cigna discharge nurse refused
to authorize it. Ms. Calad developed complications at home and had to return to
the emergency room several days later.
The other plaintiff, Juan Davila, was prescribed Vioxx, an expensive
anti-inflammatory medication, for arthritis and other medical problems. But his
health care plan, managed by Aetna, authorized Vioxx only for patients who had
first tried and failed to benefit from two less expensive drugs. One of those
drugs, Naprosyn, causes a higher incidence of gastrointestinal bleeding, a
complication that brought Mr. Davila within hours of dying. He needed seven
units of blood and was in critical care for five days.
In his majority opinion, Justice Thomas offered a spare one-paragraph
description of the facts of the two cases, Aetna Health Inc. v. Davila, No.
02-1845, and Cigna HealthCare of Texas Inc. v. Calad, No. 03-83. He said that in
any event the plaintiffs' injuries could not fairly be attributed to their
managed-care companies if those companies "correctly concluded that, under
the terms of the relevant plan, a particular treatment was not covered."
The cause of the injuries was "the failure of the plan itself to cover
the requested treatment," Justice Thomas said, reflecting the managed-care
industry's argument that it should not be blamed when an employer has, for
economic reasons, declined to buy a certain level of coverage.
The court's unanimity was not reflected in responses to the decision. The
American Medical Association, whose members often find themselves in conflict
with managed-care companies, said that it was "extremely disappointed"
by the decision. "Managed-care plans can now practice medicine without a
license, and without the same accountability that physicians face every
day," the association's statement said.
But a trade organization for managed-care companies called America's Health
Insurance Plans called the decision "a victory for consumers and
employers" that "puts the brakes on efforts by trial lawyers to turn
every question about the scope of an individual's coverage into a costly
lawsuit." The American Benefits Council, representing employers, likewise
said the decision would protect the ability to offer cost-effective health care
coverage.
Democratic members of Congress were quick to react and to criticize the Bush
administration. Representative John D. Dingell of Michigan, the ranking Democrat
on the House Energy and Commerce Committee, said he would reintroduce the
"patients' bill of rights" measure that was passed by the Senate in
2001. The House version of the bill had more limits on patients' lawsuits, among
other differences with the Senate version, and the two were never reconciled.
Senator
John Kerry of Massachusetts, the presumptive Democratic presidential
nominee, has said that as president he would support "a real patients' bill
of rights."
Miguel A. Estrada, the lawyer who argued in the Supreme Court for Aetna and
Cigna, said in an interview that patients like Ms. Calad and Mr. Davila could
try a range of administrative remedies under regulations issued by the
Department of Labor that require a prompt response if the physician complains
about the denial of necessary treatment.