Pros
S. 283 provides legal recourse for patients who believe that their claims are not adequately served through the internal and external review processes.
Those who have suffered irreparable harm, injury, or death, may seek redress and compensation in state courts.
Federal courts may not assess a civil monetary penalty more than $5 million.
Covers all privately insured Americans
Cons
Challenges health insurers' cost management mechanisms.
Health insurance premiums could rise as much as 8%
Consumers may choose to forgo health insurance as a result of inflated premiums.
Employers wary of rising premiums and a chance of liability may choose to no longer offer employee health benefits.
No limit to the amount of monetary damages assessed in state courts; state laws determine allowable damages.