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Policy Points: Bush vs. Kerry (continued)

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Drug policy  
Kerry and Bush also differ regarding allowing reimportation of drugs from Canada or Mexico:  Kerry supports allowing such imports as a way of saving costs; Bush opposes imports, arguing that the quality of drugs could not be assured. Kerry would have the Medicare program negotiate prices more vigorously with drug companies, whereas Bush favors negotiation of drug prices through multiple private sector pharmacy benefit managers. Kerry says that Bush’s policy “rewarded industry profits rather than America’s seniors.”

Tort reform  
The candidates differ on tort reform. Bush wants a nationwide cap of $250,000 on non-economic damages. Non-economic damages include pain and suffering and diminished enjoyment of life resulting from negligent acts. Bush believes that placing limits on the amount of money that can be paid out for medical malpractice claims will lower the cost and increase the availability of malpractice insurance, thus making health care more available. Kerry says placing a cap on non-economic damages “denies justice to those who suffer life-shattering injuries.” Both candidates, however, support not allowing punitive damages in medical malpractice actions unless the conduct is egregious.

Areas of agreement
In addition to agreeing to limit punitive damages in medical malpractice actions, John Kerry and George W. Bush also agree in at least four other areas of health policy:

Passage of a Patients’ Bill of Rights—Protections in the Bill of Rights would include:  easier access to specialists, particularly obstetricians and gynecologists; rights to appeal denial of coverage; and broader rights to sue HMOs.
More use of electronic record-keeping—Increased use of electronic billing and patient record-keeping would reduce administrative costs. Both candidates also support having secure electronic health records that could be accessed and updated by health-care providers.
More community health centers—Additional funding would increase the number of community health centers serving rural and inner-city areas.
More funding for medical research—Both candidates support increased funding for medical research, although Kerry supports broader use of stem cell research than Bush.

Incremental reforms
Both Bush and Kerry favor incremental reforms of the health-care system. They would add funding to selected programs they deem important and would adopt new rules they believe will make the system better. Bush’s approach is more modest, both in terms of the amount of government money he is willing to spend on health care and in the number of uninsured people for whom he would expand coverage. Kerry is willing to spend a great deal more money and his proposals would cover more Americans who currently do not have insurance.
     Bush’s plan generally favors reforms coming through the private sector. Under Kerry’s plan, the federal government would exert more control as well as provide more funding.
    Broader reforms of the American health-care system, including coverage for all Americans without health insurance, are not part of either George W. Bush’s or John Kerry’s campaign proposals. If such changes are to occur, it may require a higher level of crisis than we have now, or a greater level of prosperity.   g

Jeff Atkinson teaches courses in health-care law and policy at DePaul University College of Law in Chicago, where he graduated summa cum laude. He writes on legal, medical, and ethical issues.  



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