July 11, 2001 CONGRESSIONAL RECORD — HOUSE H3931 SENATE MANAGED CARE even split. Of this about 1,000 appeals, GENERAL LEAVE LEGISLATION in only 55 percent of these cases did the Ms. WATSON of . Mr. The SPEAKER pro tempore. Under a IRO fully or partially reverse the deci- Speaker, I ask unanimous consent that previous order of the House, the gen- sion of that HMO. Members have 5 days to revise and ex- tleman from (Mr. GREEN) is rec- The Senate legislation protects em- tend their remarks on the subject of ognized for 5 minutes. ployers from unnecessary litigation. my special order. Mr. GREEN of Texas. Mr. Speaker, I Let me go back to the independent The SPEAKER pro tempore. Is there rise tonight to encourage our House review organizations. Fifty-five per- objection to the request of the gentle- leadership to bring the Patients’ Bill of cent of the time, these IROs found that woman from California? Rights to the floor as soon as possible, there was something wrong with the There was no objection. hopefully next week. HMO’s decision. I would hope that our f The Senate took historic steps before medical decisions have a better per- THE LEGACY OF CALIFORNIA the July 4 recess to pass a bipartisan, centage than to flip a coin, so in 55 per- STATE SUPREME COURT JUS- meaningful Patients’ Bill of Rights. cent of the cases in Texas, either par- TICE STANLEY MOSK The McCain-Kennedy compromise leg- tially or totally the HMO was reversed The SPEAKER pro tempore. Under a islation includes strong patient protec- by the independent review organiza- previous order of the House, the gentle- tions that will ensure high quality tion. woman from California (Ms. WATSON) is health care for millions of Americans The bill goes so far because it pro- recognized for 5 minutes. with private health insurance cov- tects employers against any liability Ms. WATSON of California. Mr. erage. unless they are directly participating Speaker, today I stand before this au- These protections include: in the decision on a claim for benefits gust body to pay tribute to a superb Access. Patients will be able to go di- which result in personal injury or colleague, friend, and fighter for jus- rectly to specialists. Women have the death. tice, the late Honorable California right to go to their OB-GYNs, and chil- The bill specifically lists a number of State Supreme Court Justice Stanley dren directly to their pediatricians. areas that are not considered direct Mosk. Communication. The Senate bill participation. In other words, as an As a State Supreme Court Justice, eliminates gag clauses which prohibit employer, one could select the health Stanley Mosk fought repeatedly for doctors from discussing all the treat- plan, choose benefits to be covered civil rights and individual liberties. He ment options, even those not covered under the plan, buy a Cadillac plan or constantly strove for fairness for all by the plan, with their patients. a Chevrolet plan, and the employer Californians. Judge Mosk did not view Emergency room care for patients would not be sued for that, or for advo- his judicial task as a job, but as a mis- who reasonably believe that they are cating with the health plan on behalf sion for humanity. Judge Mosk under- suffering from an emergency medical of the beneficiary for coverage. stood the pain of racism. condition, so they do not have to drive I know in my own experience as a It was during his election to state- by an emergency hospital to go to the small business, oftentimes my biggest wide office that his faith was made an one that is on their list. problem was advocating for our em- issue. Judge Mosk, as a Internal-external appeals, which en- ployees with our health insurance plan Superior Court judge, threw out a re- sures that patients have access to to say it should be covered. strictive real estate covenant that pre- timely and appropriate health care. The only case where an employer vented a black family from moving And probably the most important is would be liable would be if they choose into a white neighborhood. A year accountability if an HMO’s denial or to make medical decisions which harm later, the U.S. Supreme Court voided delay of treatment causes a person’s or kill a patient. If the employer acts such covenants. injury or death. like a doctor, then the McCain-Ken- It was Judge Mosk’s ability to relate Many critics of this legislation say it nedy bill hold them responsible like a to the pain caused by racism that al- would result in an onslaught of frivo- lowed him to approach legal decisions doctor. lous and expensive litigation, but this with a touch of humanity and fairness. Mr. Speaker, I mentioned earlier, we compromise bill also included many Even before his career as a judge, have had many of these same provi- provisions to prevent such lawsuits Mosk had the ability to tell the dif- sions in Texas law now for 4 years. Yet, from taking place. ference between right and wrong. As a we have not seen a barrage of frivolous For example, the legislation requires State Attorney General in the late lawsuits, nor have insurance premiums patients to exhaust all their appeal 1950s and early 1960s, he established the risen at a faster rate than anywhere procedures before they can sue their office’s civil rights division, and helped else in the Nation. health plan. By requiring that patients to persuade the Professional Golfer’s utilize an independent review panel, Mr. Speaker, the Dingell-Ganske bill Association to drop its whites-only the bill makes sure that medical deci- here in the House is very similar to the rule. sions are made in the best interests of McCain-Kennedy bill, which is very Judge Mosk, a longtime Democrat medical practice in a timely manner. similar to a law that we have had on and self-described liberal, was ap- In my home State of Texas, we have the books in Texas for 4 years. It con- pointed to the State’s highest court in been using independent review organi- tains many of the same compromise 1964 and served until his death, a 37- zations, or IROs, as we call them, to re- provisions, which at the same time en- year tenure that made him the State’s solve HMO and patient coverage dis- sure that these protections can be en- longest-serving Justice. During that putes since 1997, 4 years. These IROs forced. time, he wrote 1,500 opinions. Judge Mosk often produced opinions are made up of experienced physicians It is time that the House followed separate from the court majority. He who have the capability and the au- suit and passed a real, meaningful, opposed the death penalty, but also thority to resolve disputes for cases in- strong, bipartisan Patients’ Bill of Rights. I urge the leadership not to showed flexibility and a knack for an- volving medical judgment. ticipating political currents. His deci- These provisions have been successful delay in bringing the Dingell-Ganske sions continued to reflect his quest for not only because they protect patients, bill to the floor for a vote. fairness and the desire to correct exist- but also because they protect the in- f ing wrongs. surers. Plans that comply with the In 1972, Judge Mosk’s ruling extended The SPEAKER pro tempore. Under a independent review organization’s deci- to private developers a law requiring a sion cannot be held liable for punitive previous order of the House, the gen- study of each major project’s likely en- damages if they do go to court. tleman from Florida (Mr. WELDON) is vironmental impact and ways to avoid This plan has worked well. Since recognized for 5 minutes. the harm. 1997, more than 1,000 patients and phy- (Mr. WELDON of Florida addressed sicians have challenged the decisions of the House. His remarks will appear b 1930 HMO plans. The independence of this hereafter in the Extensions of Re- In 1978, Judge Mosk ruled to ban ra- process is demonstrated by its fairly marks.) cial discrimination in jury selections.

VerDate 12-JUL-2001 04:06 Jul 12, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JY7.205 pfrm02 PsN: H11PT1 H3932 CONGRESSIONAL RECORD — HOUSE July 11, 2001 He rendered this decision 8 years before bench, including 37 years as a justice of the From 1939 to 1942 he served as executive the U.S. Supreme Court made the same California Supreme Court. During his time on secretary and legal adviser to the Governor of decision. In light of his judicial deci- the bench, Justice Mosk dedicated his life to California, and for the 16 years from 1943 to sions and opinions, Judge Stanley ensuring and protecting individual rights for 1959 he was a judge of the Superior Court in Mosk remained a champion for fairness the people of California. He remained stead- Los Angeles. After serving in the Coast Guard and humanity. fast in his liberal views, despite serving the Temporary Reserve during the early days of Today, I am honored as a Californian last fourteen years as the only liberal on the World War II, Judge Mosk left the Superior and as a former State Senator to pay high court. Court bench and enlisted in the army as a pri- homage to the career and the legacy of Justice Mosk’s distinguished career began vate. He served until the end of the war and this great man. immediately after law school with his own pri- then returned to the court. Ms. WATERS. Mr. Speaker, I speak today vate practice from 1935 to 1939. He then be- In 1958, Mosk was elected Attorney General to honor a man who was a tribute to his court, came Executive Secretary to the Governor, of California with more than a million vote his state, and his nation. Justice Stanley Mosk and later served as Attorney General of Cali- margin over his opponent, the largest majority of the California State Supreme Court leaves fornia for nearly six years before his tenure on of any contest in America that year. He was behind a legacy of his strong belief in civil the bench. Despite the often-contradictory overwhelmingly re-elected in 1962. rights and free speech. It is my hope that Gov- opinions of his colleagues, Justice Mosk never He was the first person of the Jewish faith ernor Gray Davis will seek out another advo- backed down from what he believed to be fair to be elected to a statewide office after a cam- cate for the people to step into Justice Mosk’s and just. paign in which his religion was made an issue shoes. I would like to take a moment to highlight a and his decisive victories were enormously im- Justice Mosk will be remembered for many couple of his important achievements. In 1947, portant to Jewish candidates who followed him things. He was often on the forefront of legal as a Los Angeles Superior Court judge, he into public service, because it established the issues. Back in 1947, when he was a judge on struck down as unconstitutional the racially re- fact that their religion would not be a factor in the Los Angeles Superior Court, Justice Mosk strictive real estate covenants used to prevent California elections. threw out a racially restrictive covenant that minorities from buying houses in certain neigh- He was appointed to the state’s high court prevented a black family from moving into a borhoods. When he became Attorney General in 1964 by then-Governor . Justice white neighborhood. That case, Wright v. in 1958, he fought to eradicate the Profes- Mosk loved being on the court and hated the Drye, came out a year before the United sional Golfers Associations whites-only clause, thought of retirement, but fearing that his age States Supreme Court made its own similar which prohibited minorities from being a part was slowing him down, he had reluctantly de- decision in Shelley v. Kramer. of the PGA. Justice Mosk remained an unas- cided to step down this year. He died the day In 1978, Justice Mosk again led the U.S. suming and unpretentious man who took pride he planned to submit this resignation letter to Supreme Court in ground-breaking decisions. in his judicial activities as well as his civic ac- Governor Davis. In that year, he ruled for a ban on racial dis- tivities. For instance, he was involved actively Justice Mosk fought doggedly for civil rights crimination in jury selection. The U.S. Su- with the problems of children who could not and individual liberties. He threw out restrictive preme Court waited eight years before making live with their families, as the president of the real estate covenants that kept black families the same ruling. Vista Del Mar-Child Care Agency. out of white neighborhoods and opened pro- Justice Mosk promoted civil rights from an Justice Mosk served the state of California fessional golf to nonwhites. He barred pros- early stage in his career. While serving as the until the day before he died, and with his ecutors from removing jurors on racial California State Attorney General in the late death, the state of California lost what many grounds. He declared that handicapped par- 1950s and early 1960s, Justice Mosk estab- considered to be a true champion of justice. ents could not be stereotyped and automati- lished the office’s civil rights division. He also Justice was not only his well deserved title, cally disqualified from raising their own chil- successfully fought against the Professionals but was also characteristic of his personal dren. Golfers’ Association bylaws that denied across mission—to find fairness in a world filled with He was revered for his independence as to minority golfers. Justice Mosk went further injustice. As a devoted liberal, his eloquence well as his intelligence, his dedication to equal than that—actually contacting each state’s at- and principles shined through his work on the justice and his wisdom and common sense. torney general on this matter, to ensure that court. Among his many great contributions he In November of 1998, Justice Mosk offered no state would provide the PGA with a place will be remembered for pioneering the theory this list of his top priorities should he be re- to hide. Charlie Sifford, the African-American of ‘‘independent state grounds.’’ This is the elected to the Supreme Court: (1) Properly golfer whose cause Justice Mosk took up, source of many path-breaking state privacy apply the law, (2) Independence and impar- sent a note to the Mosk family after hearing of rulings and has given states the chance to be- tiality, and (3) Justice. He can be no better eu- Justice Mosk’s death. come agents for legal change. logized than by this short list, which be hon- Justice Mosk worked to improve voting Mr. Speaker, I am proud to stand here ored throughout his brilliant career. I ask my rights long before the disasters that occurred today to honor Justice Stanley Mosk, a glo- colleagues to join me today in paying tribute to in last year’s election. He fought successfully rious man who has left an indelible impression Justice Stanley Mosk, a legal giant of Cali- for Latino voting rights in the 1960 election in on our state and our country. Through his fornia. Imperial Valley. He did what we should do in body of accomplishments his passion for jus- f our present day elections—he sent agents tice shall live beyond his tenure on earth. His down to the Valley to be sure that the voters family, friends, colleagues, and the state of COUNTRY-OF-ORIGIN LABELING weren’t being intimidated. California will miss him dearly. FOR FARM-RAISED FISH Justice Mosk was also an extremely produc- Mr. BERMAN. Mr. Speaker, I rise today to The SPEAKER pro tempore (Mr. tive judge, producing nearly 1700 rulings dur- honor Justice Stanley Mosk, who died last OSBORNE). Under a previous order of ing his tenure on the California State Supeme month after serving 37 years on the California the House, the gentleman from Arkan- Court. Supreme Court. He was California’s longest sas (Mr. ROSS) is recognized for 5 min- The State of California has lost not only a serving Justice, a highly respected, even re- utes. great justice and strong advocate, but a true vered judge who delivered almost 1,700 opin- Mr. ROSS. Mr. Speaker, the farm- legacy. His presence will be missed by those ions in his remarkable career. He was repeat- raised catfish industry is an important who worked with him, and his absence will be edly honored for his contributions to the cal- part of the economy in my congres- felt by those on whose behalf he worked. iber of our judiciary and the quality of justice sional district that covers the southern Ms. MILLENDER-MCDONALD. Mr. Speaker, meted out by our courts in California. He was third of Arkansas. In fact, Arkansas is I wish to pay tribute to a renowned man who a distinguished lawyer, a renowned author and third in catfish sales in the Nation, be- has had a tremendous impact on our country. an outstanding jurist. hind only Mississippi and Alabama, ‘‘Libertas per Justitiam’’—Liberty through Jus- I have had the honor of knowing Justice with nearly $66 million, or 13 percent, tice, was a phrase that Justice Mosk had Mosk and his family for many years and he of the total U.S. sales. sewn into the collar of his judicial robes. It is was, to me, one of those special people who I recently met with catfish farmers a fitting inscription for a man who embodied had a profound influence on my political life. in southeast Arkansas, and I can tell the phrase so completely. We come today to He was a tremendously impressive individual my colleagues that catfish producers in reflect on the life and legacy of Justice Stanley who embodied a unique combination of polit- my district are upset that so-called Mosk of the California Supreme Court. Justice ical savvy and legal scholarship with an abid- catfish are being dumped into our mar- Mosk spent more than half a century on the ing commitment to justice. kets from Vietnam and sold as farm-

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