Saving Marguerite Ryan

Part 4a of a 5-part series on health care for the elderly

Saving Marguerite Ryan:

The Bill of Health Care Rights

Following is my proposal for a "Bill of Health Care Rights". If you agree, please clip and send to your representative in Congress at the addresses listed below:

Sen. Edward M. Kennedy

315 Russell Senate Office Building

Washington, D.C. 20510

Telephone: (202) 224-4543

E-mail: senator@kennedy.senate.gov

Sen. John F. Kerry

421 Russell Senate Office Building

Washington, D.C. 20510

Telephone: (202) 224-2742

E-mail: john_kerry@kerry.senate.gov

U.S. Rep. John F. Tierney

120 Cannon House Office Building

Washington, D.C. 20515

Telephone: (202) 225-8020

Fax: (202) 225-5915

or

17 Peabody Square

Peabody, MA 01960

Telephone: (508) 531-1669

Amendment I

Congress shall appoint a special committee comprised of citizens of the United States of America who have had experience with the existing health care system. That committee shall be empowered to rewrite the existing Medicare and Medicaid regulations to insure that all Americans, regardless of race, religion, creed, or income level shall be guaranteed the full health care necessary to ensure that they may enjoy life, liberty and the pursuit of happiness, as guaranteed by the Constitution of the United States. In the event that said Congress fails to appoint said Committee, or fails to adopt the final recommendations of said Committee, the people of these United States will have the right and duty to form said Committee and rewrite said Medicare and Medicaid regulations, and to adopt as law said regulations, to ensure that all Americans shall be guaranteed full health care.

Amendment II

Congress shall make no law prohibiting the delivery of individual health care, as determined by an authorized and licensed physician, nor shall it curtail a patient's freedom of treatment based upon reasons of cost or difficulty.

Amendment III

No Person, in a time of illness, shall have a treatment forced upon him or her by an insurance agency, government agency, physician, nurse, or aide without their full consent, or without the full consent of their legally appointed guardian. Nor shall any person, in a time of illness, have a treatment removed by an insurance agency, government agency, physician, nurse, or aide without their full consent, or without the full consent of their legally appointed guardian.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. These rights will not be abridged by reason of illness, physical or mental. Nor shall any person have a lien placed against his or her home or personal property by any health insurance company or government health provider, unless such person, or their legal representative, has refused to pay a fair share of said medical treatment, said fair share having been determined by a board of his or her peers.

Amendment V

No person shall be deprived of life, liberty, or property, without due process of law; nor shall the government place a lien against, or otherwise seize private property, nor shall it be taken for compensation for the health care provided under the Bill of Health Care Rights.

Amendment VI

In all instances where health care is needed the applicant for said care shall enjoy the right to a speedy treatment by a qualified physician, hospital, or nursing home regardless of his or her ability to pay. No application forms, or failure to fill out application forms, shall be used as a cause for delay or denial of said health care. Treatment shall take precedence over paperwork, though a physician, hospital, or nursing home may delay the release of a patient after treatment has been administered in order to have the proper forms filled out. The Assistance of Counsel, if necessary, shall be made available for any patient who has been denied health care, or who had not been provided speedy health care.

Amendment VII

In suits at common law involving the failure of a medical professional or facility to provide proper health care, where the value in controversy shall exceed two thousand dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive co-payment shall not be required, nor excessive fees imposed, nor cruel and unusual punishments inflicted upon any citizen because of his or her need for health care.

Amendment IX

The enumeration in the Constitution, of certain health care rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Except that no state may deny proper health care to any of its citizens, not shall any state deny the speedy delivery of said health care. In the event a State shall deny, or delay, or attempt to deny or delay health care prescribed by a primary care physician, the people shall have the right to petition the Central government for redress, and the people shall have the right to seek relief in the courts, with all costs for said legal pursuits to be paid by the States so sued.

-- C.C.R.

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Saving Marguerite Ryan

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