Insurers Win Supreme Court Ruling (Editorial)

The nation’s health insurers won a huge victory recently when the U.S. Supreme Court ruled unanimously that the federal Employee Retirement Income Security Act requires patients to sue their insurers over malpractice in federal courts.

The decision overturned a lower court ruling that would have permitted patients to sue at the state level for inadequate health care, or in the cases that were decided, for denying coverage for doctor-ordered treatments.

While the insurance companies and employers praised the ruling, it quickly became the spark for a renewed effort for congressional legislation. Congress has tried numerous times in the past to pass legislation that would create a national “patient’s bill of rights” but always came up short.

One of the act’s provisions is that patients can sue for the dollar amount of services found to have been improperly denied but not for damages resulting from the denial.

Some states enacted laws allowing malpractice suits for damages in the state courts, but the high court says they have exceeded their authority in doing so. So, for now, individuals can still sue in federal court, but can only recover the value of the procedure the HMO denied.

The health care industry says the ruling could help hold down rising medical costs. We’ll believe that when we see it.

Let’s Go Doms!

Although no one asked us, the Northwest Arkansas Business Journal would like to publicly suggest a couple of mascot names for consideration in the event the city of Springdale lands a minor league baseball team as expected.

We particularly like the idea of cheering for the Springdale Dominiques. (Keith Bramwell, a professor with the University of Arkansas’ Department of Poultry Science, said the breed is pronounced as if it ends with “ers.”)

The spelling might have to be modified though so as not to be confusing.

Dominiques, Bramwell said, are large black-and-white striped roosters with a rose-colored comb. Can you say “pinstripes?”

The Cornish Hens would be cool, too, but we’re not certain the players would cotton to being called “hens.” The same goes for “The Pullets,” typically a weaning-weight hen.

But definitely, the poultry motif is the way to go.