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Employer Liability | 28
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Employer Liability

Washington, D.C.—If you offer your employees medical coverage, the Kennedy-Edwards-McCain bill is something you should be aware of.

The focus of the bill, sponsored by Sens. Edward Kennedy, D-Mass., John Edwards, D-N.C., and John McCain, R-Ariz. is the potential liability of employers in cases where an insurer refuses to pay for a worker's medical treatment.

On June 26, supporters of the bill killed an employer-friendly amendment that would have given employers blanket immunity from suits in cases where an insurer refused to pay for a worker's medical care.

The Senate killed the blanket immunity amendment offered by Sen. Phil Gramm, R-Texas by a margin of 56 to 43, 11 votes shy of what is needed to override a veto.

An amendment that did pass that day, offered by Sen. Christopher Bond, R-Mo. required that if the Kennedy-Edwards-McCain bill becomes law, its provisions expanding patient’s rights to sue would be rescinded if the number of uninsured Americans increased by more than a million. This amendment passed by a margin of 93-6.

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