Published as a Letter to the Editor in the Wall Street Journal, Friday, June 26, 1998, p. A15:

Rep. Greg Ganske (R., Iowa)
Rep. Charlie Norwood (R., Ga.)

Washington-

"In response to your June 3 editorial "The Trial Lawyer Congress," in which you state:
"Republicans Greg Ganske and Charlie Norwood are proposing to open up previously exempt parts of the health-care economy to liability suits":

Our tort system needs reform. We both have voted for tort reform on numerous occasions.We support liability reform of group health plans because patients who are injured by negligent actions should be able to recover from the responsible party, whether it be the doctor, or the health plan. Both of us were health professionals prior to coming to Congress, and we were responsible for our medical decisions. The same should be true for HMOs.

What would it cost a health plan to be responsible for its actions? After Texas enacted liability for HMOs, Milliman & Robertson's actuaries calculated a cost of 34 cents per month per member for the Scott and White Health Plan. An apple a day may keep the doctor away, but a penny a day may keep tragedy away.

Health insurers in the individual market are not shielded from their liability for negligent actions. Group health plans should operate under the same rules. Consumers are at risk when federal law (ERISA) protects group health plans from the consequences of life-and-death decisions. An HMO should have no more immunity from the effects of its decision making than a newspaper should have federal immunity for libel and slander."