VOLUME No: 58 Issue No:4

Washington, D.C. - Feb 26, 2004


Super Tuesday Elections

In what has been dubbed "Super Tuesday", the Democratic primaries to be held on Tuesday, March 2 could make or break the two front-runners for the Democratic candidacy.

The following states and their delegate counts are as follows: California (370), Connecticut (49), Georgia (86), Maryland (69) Massachusetts (93), Minnesota (72), New York (236), Ohio (140), Rhode Island (21), and Vermont (15).

If you live in one of these states, go out and vote. Remember, there are 1,151 delegates at stake! A candidate needs 2,162 votes to win. The current standings are: Kerry (663), Edwards (199), Sharpton (16), and Kucinich (8).

Patients' Bill of Rights Issue Resurfaces

In November, the US Supreme Court decided to consider whether or not patients can bring suit against health plans and insurance companies that refuse to pay for doctor-recommended treatment.

The debate over the 'patients' bill of rights' (PBOR) has been a controversial topic for many in Congress for the past six years. Many patients feel that they have been harmed when their health plans refused to pay for life-improving treatments, and as a result they should be able to sue for malpractice.

According to the Employee Retirement Income Security Act of 1974 (ERISA), the federal government is the sole authority that can regulate employee benefit plans. Many health plans argue that ERISA protects them from having to appear before a state court to determine what benefits they should provide for their customers.

The U.S. Court of Appeals for the Fifth Circuit, which encompasses Louisiana, Mississippi, and Texas, ruled in 2002 that individuals could sue health plans in state court. They additionally stated that decisions to pay for treatments should be reached by agreement by the insurance companies and medical professionals.

The Supreme Court expects to hear arguments on this issue early this year, and will decide the outcome sometime in June or July.

The Islamic Free Market Institute published an article on this subject in July 2001. It can be found here at our website: http://www.islamicinstitute.org/i2-patbill.pdf

Democrats, Republicans at Arms over the Appointment of CMS Chief

Earlier this week, Senators John McCain (R-AZ) and Byron Dorgan (D-ND) alluded that they were upset enough at President Bush's appointment of Mark McClellan as Chief of the Centers for Medicare
and Medicaid Services (CMS) to contemplate placing a formal hold on the nomination.

Lawmakers around the country have taken up the issue of importing Canadian drugs that are less expensive than here in the United States. The movement to allow the importation of cheaper drugs began with senior citizens who could not afford to pay for their prescriptions. It has since been taken up by numerous lawmakers, including mayors, governors, representatives, and senators who are looking to reduce state spending on health benefits.

Mark McClellan, Commissioner of the Food and Drug Administration (FDA), was chosen by Health and Human Services (HHS) Secretary Tommy Thompson. The choice was ill-received by both Republicans and Democrats, as McClellan has been an outspoken critic of drug importation.

President Bush signed the Medicare Prescription Drug Improvement and Modernization Act in 2003, which allows the importation of Canadian drugs provided that the HHS certifies that the drugs are safe.

Bush Calls for Constitutional Amendment Banning Gay Marriages

On Tuesday, President Bush joined a dispute that many claim to be shaping the upcoming presidential election, if not the nation as a whole. He threw his support behind a proposed amendment to the constitution banning same-sex marriages.

The proposed ban is in response to a recent ruling by the Massachusetts Supreme Court that will allow same-sex couples the right to marry as of May. The Mayor San Francisco, Mayor Gavin Newsom (D), has declared California law to be 'unconstitutional' in terms of equal rights in marriage, and has allowed the city to issue same-sex marriage licenses.

Democrats in Congress were concerned with Bush's endorsement of the ban, and accused the Administration of practicing 'wedge' politics - trying to call attention to an issue that could potentially divide the American people.

Bush believes that the government must play an active role in protecting the sanctity of marriage, saying "Government, by recognizing and protecting marriage, serves the interests of all".

On the other side, Democratic candidate hopeful Sen. John Kerry (D-MA) believes that the definition of marriage is something that should be left up to individual states: "I believe the issue of marriage should be left to the states". Many fear that the state vs. federal right to mandate lifestyles will be a major point of contention in the upcoming presidential race.

A USA Today/CNN/Gallup poll shows that by 2:1, Americans are against recognizing same-sex marriages.