Neither of the competing plans before the House of Representatives garners majority support in a new ABCNEWS.com poll. But 49 percent of Americans prefer the bill with a broader right to sue, which has passed the Senate. Just over a third prefer the Republican-backed alternative with a more limited right to sue. Seventeen percent are unsure.

Patients' Rights
 |
| |
Broader right to sue |
More limited right to sue |
| All |
49% |
35 |
To measure preferences not just partisanship this poll did not identify the plans as "Democratic" or "Republican." It summarized: One "makes it easier to sue and allows for higher claims; supporters say this would pressure HMOs to allow needed treatments." The other "makes it harder to sue and limits claims; supporters say HMOs otherwise would have to raise health insurance premiums to cover their legal expenses."
Party Politics
Nonetheless, partisanship does figure in the results. Six in 10 Democrats support a broader right to sue; just 38 percent of Republicans agree. Forty-six percent of Republicans prefer a more limited right to sue, just 27 percent of Democrats agree. Independents prefer the Democratic plan by 22 points, 52 percent to 30 percent.

Partisan Breakdown
 |
| |
Broader right to sue |
More limited right to sue |
| Dems
| 61% |
27 |
| Reps |
38 |
46 |
| Inds |
52 |
30 |
Preference for a broader right to sue HMOs diminishes among higher-income Americans: Those with household incomes above $50,000 divide about evenly between the two plans, 44 percent to 42 percent. (Adults in this income range are nearly 15 points more likely than lower-income Americans to be Republicans.)
The Democratic plan would allow patients to sue health plans in federal or state court, with a $5 million limit in damages in federal court. The Republican version allows suits in state court only if an HMO fails to abide by an external review board's decision, and caps damages in federal court at $500,000. Favoring the Republican plan, President Bush has threatened to veto the Democratic bill.
Methodology
This ABCNEWS.com survey was conducted by telephone July 5-8 among a random national sample of 1,023 adults. The results have a three-point error margin. Sampling, data collection and tabulation were done by TNS Intersearch of Horsham, Pa.
ABCNEWS polls can be found on the Internet in our Poll Vault.

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