WHEREAS:

It is understood that managed care entities including but not limited to HMOs may cause delays or denials of treatment; and

WHEREAS:

It is understood that said delays and denials of care may result in harm or even death in subscribers of managed care plans; and

WHEREAS:

It is understood that these delays and denials of care may be mandated by corporate or fiscal policy and may not be based on the best medical and scientific advice available; and

WHEREAS:

Current ERISA law protects managed care plans and HMOs from lawsuits.

THEREFORE BE IT RESOLVED:

That this convention declare that a patient's bill of rights must include the right to sue one's managed care plan or HMO for denial of medical care.

SUBMITTED BY:

Robert L. Weinmann, M.D., President and Delegate 
Deane Hillsman, M.D., Secretary
Union of American Physicians & Dentists/AFSCME Local 206
California